Piched roof adjoining neighbour's flat roof

[Trevor Smith]

My kitchen extension currently has a flat felt roof which continues onto my neighbours kitchen extension. As the felt is now defective I would like to change it for a pitched, slated roof. My neighbour however is unhappy about my builder having to get onto his portion of the roof in order to complete my new roof. Am I right in thinking that the "Party Wall Act" provides me with right of access to my neighbours property in order to carry out work on my own? I'm trying to resolve this with him in an amicable fashion and have offered to pay for any damage that may be caused but wanted to know what my legal rights are.

Also, is it permissible to adjoin a pitched roof to a flat roof?

Would this have been better posted to a UK legal type ng?

Regards,

Trevor.

[Peter Taylor]

Trevor Smith wrote

It does, but only after following all the procedures in the Act, including serving notices, appointing surveyors and drawing up and signing the legal agreement called the Award. The Award will set out the manner of the access, for what purpose, and the times and durations etc. It will also include clauses about making good any damage. Essentially, the point is that the right of access under the Act cannot exercised until your neighbour has given his consent.

I am not certain the Party Wall etc Act definitely applies here - it depends upon what you are planning. If you will be raising a shared party wall to form the side gable for a lean to roof against the rear of your house, for example, then it will. But what you do to your own roof and your own non-party wall is your own affair and the Act will not apply. You can't act as your own Surveyor for Party Wall negotiations so your best bet is to contact one now and let him see the situation and advise you. To find one, look at

and click on Consultants.

Yes, but if I was the neighbour I would insist that you ensure it remains watertight and that the work is done to a good standard.

No :o)

Regards Peter

[Tony Williams]

[snip]

Next door to us had to have scaffolding put up, and asked if the scaffold firm could put the odd slanty prop on our land, for safety. That's ok, I thought, no problem.

In fact the scaffolders took the permission as an open-ended licence to use our land... parked their bloody vehicles on our drive, took their stuff in through our side gate, (knackering the hinges on the way), littered our side of the fence, you name it....... it seemed that they disturbed us rather than their (paying) customer.

So I understand your neighbour's reluctance to allow your builder access to his property. Why should he? There is no benefit to your neighbour, just aggro and possible (probable?) damage.

Your builder can do damage, shorten the life of your neighbour's felt roof, and be off and away before anything gets noticed.

Perhaps you should offer to replace his felt roof anyway, as compensation for the inevitable damage.

[Peter Crosland]

This is a good place to start regarding party walls.

from that you also need to consider the building regulations and planning. Details here (Well some of them!)

are quite correct to try and reach an amicable arrangement with your neighbour.