Overhanging Roof Over my property leaking????

[Olly]

Hi was wondering if anyone could enlighten me as to who is responsible for the following situation:

I have moved into a flat conversion which is an old building. The flat is on the 2nd floor with another above and below. Except for one of the bedrooms which has a sloping roof. Next door there is another property adjoing my flat. A small cupboard that I have is leaking quite badly, this actually lies under a tiled roof that belongs to next door. This tiled roof adjoins the party wall of the flat upstairs and part of the same development that I am in. There is also a chimney breast that is mostly part of the roof of the flat upstairs but is also part of this tiled roof from next door............. Still following? The leak as far as I can see is coming from the fact that there is no lead flashing between the tiled roof and the external wall from the upstairs flat and that there is also no lead flashing around the chimney breast.

Now the builders are still on site, but say its not their problem, the developer (Golding Developments of Ipswich, Essex) passed it onto the next door neighbour, who in fairness has tried to have a look at it but also says its not his problem. I am still waiting for NHBC to be signed off.

So whos responsibility is it, mine/the builders/next door? and if not mine what course of action do i need to take.

Hope you managed to follow and thanks for any advice

[Phil Anthropist]

Did the conversion work involve any work to the tiled roof and chimney breast where you suspect the lead flashing is missing, or was the conversion work confined to the interior? Do you know whether the leak was present before the conversion work, or whether it has only happened afterwards? As far as I can see the answers to these questions may determine whether the builder is responsible. If the builder is responsible then notice in writing that unless they repair the roof within 14 days you will have the work done by an independent builder and pursue them through the small claims court for the cost, might be the right way to go. But the fact that the tiled roof and chimney breast belong to your neighbour(s) complicates the situation. If the builder or developer isn't responsible in law then you may have to come to some compromise with your neighbour(s) regarding sharing the cost of the repair. If you bought this flat then the solicitor who did your conveyancing should able to advise. Otherwise, NHBC, Citizens Advice and those solicitors who offer a free initial interview are other possibilities. Then there's uk.legal and uk.legal.moderated. Good luck.

[Olly]

No work was carried out to this roof apart from painting the concrete that is butting the tiled roof and wall.

I gather the extent of the leak means that it has been present for some time

As

The solicitor is my dad (lol) Otherwise, NHBC, Still awaiting NHBC to sign the property. Citizens Advice and those solicitors

[Phil Anthropist]

Sounds to me that the builder's liability would be limited to the works specified in the contract for conversion/renovation and this didn't include the roof and chimney.

Your only other hope is whether the developer is liable. This leak ought to have been identified in a survey carried out prior to purchase.