Access to my property for building works next door

bgy3jlh

Update:

Yes, I complained to the planning department, but work has continued. A few weeks ago I saw that they'd removed a piece of my gutter (circled in red) without requesting my permission or informing me that they would be doing. I messaged the builder and asked him to replace it ahead of the rain that was due on the weekend. No response, and 2 weeks later it is still missing.

Meanwhile, it looks to me like the fascia and the tiles will overhang the boundary = trespass.

Any thoughts? Feeling very dejected and downhearted because I'm also struggling with sorting my dad's estate after his sudden death 2 years ago, and supporting the rest of the family.

Edit: I've added photos of the resulting damp inside my garage. 

Boohoo

bgy3jlh said:

Update:

Yes, I complained to the planning department, but work has continued. A few weeks ago I saw that they'd removed a piece of my gutter (circled in red) without requesting my permission or informing me that they would be doing. I messaged the builder and asked him to replace it ahead of the rain that was due on the weekend. No response, and 2 weeks later it is still missing.

Meanwhile, it looks to me like the fascia and the tiles will overhang the boundary = trespass.

Any thoughts? Feeling very dejected and downhearted because I'm also struggling with sorting my dad's estate after his sudden death 2 years ago, and supporting the rest of the family. 

Thanks for the update.


It may be just me but I can't see any photos of the issues.

bgy3jlh

@Boohoo thank you - uploaded now. 

bgy3jlh

The surveyor has advised me that there needs to be temporary guttering, and that he can see no evidence of this on the photos. Plus, my neighbour has confirmed that the builder intends on replacing my gutter with a narrower one, but the surveyor says that they would have needed my consent to do this. 

Boohoo

bgy3jlh said:

The surveyor has advised me that there needs to be temporary guttering, and that he can so no evidence of this on the photos. Plus, my neighbour has confirmed that the builder intends on replacing my gutter with a narrower one, but the surveyor says that they would have needed my consent to do this. 

As for changing the guttering to a smaller size will the gutter take the amount of rainfall from the roof with out overspilling and will the water fall into the gutter and not straight down the over it if the smaller sized gutter is more under the tiles than what you have now?

Also I can't see any photos from when you started the thread 

jcb208

My thoughts regarding the gutter there is only two sizes,standard and mini, the mini gutter will not work as it will sit two far back from the tile overhang so rain water will just fly over the top of it especially It it rains heavy,also it will not cope with heavy rain

bgy3jlh

Thanks both

Yes, I removed earlier photos. 

I am very concerned about what they may or may not be proposing re: my gutters. I don't think there's going to be any space left for any guttering. They've put the dry verges on their roof now. I'm 100% suspicious that they intend on leaving me with substandard guttering.

My proposed reply to the neighbour is:

'Thank you for your reply XXXX, 

I have not given consent for my gutters to be replaced with different ones. I've also been without any since at least 10 October, and the builders are obliged to install temporary gutters. 

If the builders fully install the proposed slightly smaller gutters on Monday then I will be able to consider the proposal.'

Surely the council (it's a council-run project) is stitching both of us up if they leave me without adequate guttering? 

To be honest, I'm no builder but it does look like whoever built the garage installed bigger ones than was needed. I've got ample view from an upstairs room, and they look a bit oversized for the job. But until I see the proposed ones in action, I'm going to imagine the worst.

Oh, also, the PW surveyor said that from the photos I sent him, they may be considering installing box guttering...? I just want to make sure that it's not going to come up as problematic in a survey, because I've been planning on selling the house for some time, now. 

The PW surveyor is supposed to work for both of us, but he's paid by the neighbour (and is the council's preferred party wall surveyor). My friend thought it was sus that he advised me to consent to the new gutters. I'm not going to blindly consent to something, especially when they've overlooked the requirement to gain my consent. 

I also got a letter from the council saying that they've investigated and there's been no planning breach. As a reminder, I complained to them because the extension extends further towards my driveway than the measurements in the plan say that they should. And the condition of them being able to build is that they stick to the plan. So.....?

bgy3jlh

Response from the builder:

Hi please wait until the job is finished and stop bullying my client as they have enough to cope with as obviously you don’t appreciate it any more issues please deal with this email address ,by the way we looking at placing a boundary dispute as your garage gutters are hanging over the boundary on my clients plans from the land registry also you have no drainage off your garage outlet so not sure what you are worried about regarding the gutters it will be sorted at the finish.Just to let you know that the building is exactly as per the plans approved as you obviously complained to planning at the council who approved everything that we have carried out unfortunately for you if you want a fence back up it will be on your cost and on your property and you would have to instruct another contractor the drawings approved are for illustration purposes only and the building is on the boundary as approved by the planning authority many thanks 

My response, CC-ing the party wall surveyor:

The party wall act states that a temporary gutter needs to be installed, and that my consent needs to be gained for permanent alteration.

I did of course contact you on Friday 17 October at 08:59 about the gutters with no response.