Can they use my roof??

partygirl_3

My neighbour has builders in doing a loft conversion. The dormar window takes up the whole width of his roof so the workmen have been using my roof in order to access the side and back. At times I had 3 men walking back and forth, and although I've complained I've been told they have to use my roof to get the work done. My neighbour says any damage will be put right but as a woman alone, I wouldn't know if my roof was damaged until it leaked or tiles fell off and by then he may say it's not his problem.

Shouldn't they have protected my roof with boards or something? All I've heard is the crunch of my tiles! Any advice??

onamission_2

afaik they have NO right to use your roof but im sure someone else will know more. post in housing you might get more response!

partygirl_3

I'm probably being a bit silly, but I can't find the 'housing' forum...is it with all the others?

phill99

Some years ago an Act was passed that allowed land owners to use neighbours land to undertake essential maintenance (can't for the life of me think what it was called). Pretty sure that you need to give so much notice to your neighbour if you need to do this. As a maintenance contractor, it is sometimes necessary to go on to a neighbours land (including the roof!) to undertake work. Most contractors appreciate the aggrivation tha this causes and will only do it if necessary and will minimise the time spent on neighbouring property. Most will also fix any damage caused. I'm sure your I'm sure will put your mind at rest. neighbour won't deliberately want any
damaged caused and will put your mind at rest. Also, remember that tiles do make a noise when walked on but doesn't mean that they are being damaged!

phill99

I really don't agree with the 12 month thing. The roof might already be on its way out and thats just a way of getting a free roof. If that was always the case, no builders would want to take on work where they needed to go on neighbours property in case there was a come back. Its a case of being reasonable. And it isn't the contractor that needs to write - its the home owner.

daveyjp

Do you have a party wall agreement in place? If the neighbour is joined to you you should have.

They are trespassing and have no right to access your property to carry out work to next door. This is only permitted for essential maintenace purposes.

You will need an injunction to stop them though.

Canucklehead

Good evening: A guide to the Party Wall Act 1996 is available here .

HTH

Canucklehead

Canucklehead

partygirl wrote: »

I'm probably being a bit silly, but I can't find the 'housing' forum...is it with all the others?

Good evening: Try here .

HTH

Canucklehead