Overhanging roof on extension
Overhanging roof on extension
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Discussion

E31Shrew

Original Poster:

5,963 posts

221 months

Sunday 23rd November 2008
quotequote all
Not content with banging away at 0800 this morning and waking the family up, I've just noticed that the roof on the extension my neighbour is building, overhangs the party wall by at least 5 inches to my side. I am normally pretty laid back about this kind of thing but we've put up with continual building works for the past 6 months, have let them put temporary scaffolding up on our side to enable his builders to get access to his roof, and now I'm hacked off. Does anyone know whether he can overhang the party wall legally or should the matter be addressed?
God I'm getting old...Roll on the smell of cabbages!

Edited by E31Shrew on Sunday 23 November 09:21

Plotloss

67,280 posts

299 months

Sunday 23rd November 2008
quotequote all
A boundary is called that for a reason.

You want to get round there, pronto.

E31Shrew

Original Poster:

5,963 posts

221 months

Sunday 23rd November 2008
quotequote all
Plotloss said:
A boundary is called that for a reason.

You want to get round there, pronto.
Cheers.....hows biz?

Plotloss

67,280 posts

299 months

Sunday 23rd November 2008
quotequote all
Construction st, private residential ticking over.

You?

E31Shrew

Original Poster:

5,963 posts

221 months

Sunday 23rd November 2008
quotequote all
Plotloss said:
Construction st, private residential ticking over.

You?
Given up with developers, for obvious reasons unless cash up front. Couple of decent hotel jobs with Loewe and BOSE[ Dont start!] Saturday in the store was manic though but margins tight especially on Panasonic.

andy-xr

13,204 posts

233 months

Sunday 23rd November 2008
quotequote all
Wait til he's finished - could well be he's not aware of what the builders are doing/have done and he might end up in a row with them.

It'll affect both your houses if either of you were to sell at some point in the future

Martin Keene

11,516 posts

254 months

Sunday 23rd November 2008
quotequote all
I'd start off with a brief conversation with the planning officer who did the orginal approval.

They get very interested when things are not built in accordance with plans...


Wacky Racer

41,348 posts

276 months

Sunday 23rd November 2008
quotequote all
Difficult to say without seeing a photograph, but of course his property should end at or before the de-markation line...the airspace is your property in the same way as you are allowed to cut overhanging branches down and return them to the owner...

If it bothers you too much, better to mention it now, before the project is finished in fairness to them.

I would not bother too much about the noise, it is only temporary, you could be neighbours for many years, not worth falling out about (imo)

Busamav

2,954 posts

237 months

Sunday 23rd November 2008
quotequote all
go see the neighbour NOW and point out the builders error.

They CANNOT overhang or encroach on your boundary , full stop !

They would needed to have served a notice on you for this .

Sometimes its to everybody's benefit as it saves you looking at a dodgy "siton " or parapet gutter detail , but they are taking the pi$$

Busamav

2,954 posts

237 months

Sunday 23rd November 2008
quotequote all
Wacky Racer said:
I would not bother too much about the noise, it is only temporary, you could be neighbours for many years, not worth falling out about (imo)
a lot of planning authorities write work times into an approval , and it always forbids Sundays and bank Holidays

Simpo Two

92,774 posts

294 months

Sunday 23rd November 2008
quotequote all
You have 'air rights' above the property so just like an overhanging tree, you can saw off the overhanging part and return it to your neighbour. However you may not get a Christmas Card from him!

Simond001

4,519 posts

306 months

Sunday 23rd November 2008
quotequote all
Wacky Racer said:
Difficult to say without seeing a photograph, but of course his property should end at or before the de-markation line...the airspace is your property in the same way as you are allowed to cut overhanging branches down and return them to the owner...

If it bothers you too much, better to mention it now, before the project is finished in fairness to them.

I would not bother too much about the noise, it is only temporary, you could be neighbours for many years, not worth falling out about (imo)
I agree, except why not take a chainsaw the the overhand and return it to him.

In all seriousness, get round there straight away. No point in him / his builders continuing when they will have to take it all apart.

Venom

1,864 posts

288 months

Sunday 23rd November 2008
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To be clear, what you're talking about is a technical trespass, where the structure overhangs a physical boundary.

Whether you want to raise it as an issue is another matter though, would be my advice. What harm is arising from the overhang? If you get on with your neighbours, wouldn't a friendly conversation be far more constructive, where you can rationally raise your concerns? Involving the planning office can mean a resolution is found, but it could prove antagonistic to just going round and having a chat. Of course, if they're not willing to budge after a chat then follow formal routes.

As for hours of construction, yes the planning authority may have put conditions in, but it happens infrequently in my experience. Having said that, if it's a noise nuisance, the Environmental Health department at the council can get involved and serve them with a noise abatement notice. Again though, a friendly chat in the first instance may be a more constructive way of dealing with it and maintaining a cordial relationship with the neighbours.

V12Les

3,985 posts

225 months

Sunday 23rd November 2008
quotequote all
Easier to give advice with a picture. Is the wall on your land? his? or half and half? quite often its just on one property.

wildoliver

9,308 posts

245 months

Sunday 23rd November 2008
quotequote all
The other thing to remember is if a roof overhangs your wall the water will come in to your property. Can you handle the extra water/will it damage anything underneath?

speedy_thrills

7,944 posts

272 months

Sunday 23rd November 2008
quotequote all
Martin Keene said:
I'd start off with a brief conversation with the planning officer who did the orginal approval.

They get very interested when things are not built in accordance with plans...
+1.

Let them do the hard work rather than souring your relations with the folk next door.

E31Shrew

Original Poster:

5,963 posts

221 months

Sunday 23rd November 2008
quotequote all
Thanks for all the advice. All sorted. Popped round and they are seeing the builders tomorrow to trim tiles back to avoid the overhang.

groucho

12,134 posts

275 months

Sunday 23rd November 2008
quotequote all
E31Shrew said:
Thanks for all the advice. All sorted. Popped round and they are seeing the builders tomorrow to trim tiles back to avoid the overhang.
5" overhang on tiles alone? yikes Are you sure it's just tile overhang?

E31Shrew

Original Poster:

5,963 posts

221 months

Sunday 23rd November 2008
quotequote all
groucho said:
E31Shrew said:
Thanks for all the advice. All sorted. Popped round and they are seeing the builders tomorrow to trim tiles back to avoid the overhang.
5" overhang on tiles alone? yikes Are you sure it's just tile overhang?
With the timber end pieces...No idea what they're called. About 2 x 1 inches that the tiles rest on.

groucho

12,134 posts

275 months

Sunday 23rd November 2008
quotequote all
E31Shrew said:
groucho said:
E31Shrew said:
Thanks for all the advice. All sorted. Popped round and they are seeing the builders tomorrow to trim tiles back to avoid the overhang.
5" overhang on tiles alone? yikes Are you sure it's just tile overhang?
With the timber end pieces...No idea what they're called. About 2 x 1 inches that the tiles rest on.
There must be an end rafter overhanging your property if it is 5", is what I mean. Therefore a little bit work more than just trimming the tiles.