Roof work on party wall

Hello all,

We have some internal ceiling damage to one bedroom caused by a leak in the roof in our terraced property. A roofer has diagnosed the issue and will remedy. Historically it appears that the neighbouring property re-roofed, took their tiles over the party wall divide and ran the hip tile down the roof on our side of the party wall. The remedy is to remove the existing hip tiles, lift roof tiles, install a new roof membrane, create a new rain water gulley above the party wall and reinstate the tiles.

In order to properly install the roof membrane, this work involves lifting some of the neighbour’s roof tiles (approx 2 tiles along length of their roof). As a courtesy I approached the owner next door (landlord) who has said that they don’t want the work to go ahead as they are in the middle of selling the property.

The room in our house with the leak is uninhabitable, the damage is worsening. I just want the work done and am willing to pay for it. Can I proceed with the work despite my neighbour’s point of view - what is the legal position?

Thanks

are you able to provide a a picture of the roof from above ? Tricky without a drone. and a pic halfway of nextdoor , front elevation showing roof as well

Hi Colin3,

The issue is at the rear of the property. Attached is an annotated photo the roofer took if this helps? I have also attached a Street View shot of the front if that helps?
Front

hI I had assumed the problem was the front of the house For clarity on the rear pic is yours the right house or left and on the left are those slates or small clay tiles?

Hi,

Looking at the rear pic, our house is on the right - the one with the brown trim windows.

I believe the tiles on the left are slate - but I cannot be 100% sure.

I have replyed ,for some reason someone is checking it

OK, I can’t see your reply yet, but will check back.

i have now replied twice , They say “awaiting moderation” “please be patient” I can see nothing wrong or untoward in what I wrote

Still haven’t seen your response. Is it possible to DM this instead?

the OR people will not be in till tomorrow I do not know how to DM

Can you add an image of the text?

If you click on my profile name you should get an option to message me directly I believe (see image).
Capture

I have done that ,anything yet?

Hi, yes, it came through - thanks. Agreed on the work required, my concern/question is around whether I can just get on with it despite the fact that the neighbour doesn’t want me to proceed with the work?

I’m not sure about ‘party wall’ and whether it applies here - plus I’m not sure I’d even want to go down that route as that will just end up being more cost for me.

Surely if there is progressive damage to the interior of my property then I should be able to address it in a responsible fashion?

i am a builder have done many of these jobs I would put up a tower scaf and get on with it. Keep a file /photos of progress ,before and after They cannot have your damage getting worse. A good roofer will have this done pronto if he gets all the gear in advance and before they know it Job done

Also there is grey liquid fibreglassglue .Looks like lead when set I have used this very effectively when leaks are hard to spot .You can coat a band right down the roof .Dries in about 2 hours “arcopal” or similar From roofing depots

Agreed, however the roofer has already spoken the neighbour/owner via his tenant, so the owner is aware of what the roofer wants to do.

The roofer has told me he is going to erect scaffolding on my property in anticipation of the work being done… but I’m not sure how the work can proceed unless there is agreement. I’m trying to avoid any neighbour gripes either during or after any work.

Neighbours will always gripe It is par for the course just press on with it

it looks to me as if whoever did your roof has not gone far enough overto the left with tiles >It is a bit old hat now to bed ridge tiles down the join of a roof .,because they will be butt jointed and water can seep thru . There are special fibreglass mouldings that mean you can achieve a smarter neater finish They come in 3 meter lengths and go under both the sate and the tile. OR flash down with lead . Withrespect to going ahead ,There is such a thing as THE PARTY WALL AGREEMENT ACT. (or similar sounding) that will further confuse you. Any work done on partywall such as putting a beam in it must have the agreement of the other side . Wetherthe roof project comes strictly under that . I am not sure

Yes, it is a party wall issue. However as the work as been done without you getting a party wall notice, your neighbours are not covered by the protections of the party wall act. I would discuss directly with the owner. Explain your roofer has identified the cause as being caused by their roof works and that you will be sending them the invoice and further ÂŁ for damages caused to the room. Further explain that you expect the issue to be dealt with promptly given they intend to sell, as the liability transfers to the new owner.

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