L shape loft conversion boundary query

[MrHappygolucky]

Hi everyone,

I wonder if anyone could help here. My neighbour has just built an L shape loft conversion and provided me with a party wall notice which I signed. It was agreed that they will not build on my side of the property and any work which includes padstones etc on the party wall would be carried out in accordance with the party wall act.

All is good until I decided to take a trip on the roof to see for myself of the work that has been carried out so far. The neighbour has built their wall right up against my wall and thus positioned the lead waterproofing over my parapet for the rainwater to flow away. Is this correct? Should they not have built the wall to their external part of the wall rather then the internal part which buts up against our wall?

I am also considering to build an L shape loft and wondering whether I am disadvantaged in anyway or should I just leave it ?


Thanking you all I advance

Mr Hap

 

[^woody^]

They appear to have done what you agreed, and flashed it as they are entitled.

You should have let them raise the party wall if you were planning to construct your own loft extension.

 

[MrHappygolucky]

Thanks Woody,

I agreed to the party wall act which does stipulate that they can’t build on the party wall which I believe they have, no?

I didn’t really agree nor consent that they could lead flash my side of the parapet wall, I’m no builder but the lead flash should be on their side.

Unfortunately and for some strange reason, our council here does not agree/allow extending the parapet wall under Permitted Development.

I’ve just read that under Permitted Development, the edge of the loft should be 0.2m of the eaves. Which this is clearly not.

I would rather look to a compromise rather than escalate this. As long as I am not disadvantaged or the build becomes complex or expensive when it comes to my loft build, I think I can live with it.

Thanks

 

[^woody^]

I agreed to the party wall act which does stipulate that they can’t build on the party wall which I believe they have, no?

That would be odd.

The Act allows building on the party wall, as otherwise the Act does not apply and that notice you signed has no purpose or validity, and neither does any agreement.

 

[MrHappygolucky]

It seems this is not a party wall issue but a permitted development issue. By building so close as they have there will be no way for the neighbour to maintain there side of the wall once we build our loft and it will be difficult for my builders to build without disturbing their wall.

The PD states

I have found the criteria and I quote sections B2
bb)the edge of the enlargement closest to the eaves of the original roof is, so far as practicable, not less than 0.2 metres from the eaves, measured along the roof slope from the outside edge of the eaves;


Looks like I will have to reach out to the planning department.

Thanks

 

[tony1851]

Before you fire off emails to the council, are you sure the enlargement is within 200mm of the eaves?

There's nothing on the pics you uploaded to show that PD rules have been breached.

 

[MrHappygolucky]

Hi Tony,

Thanks for your reply and time on this.

OK, if no PD has been breached then I guess I’m worrying for no reason lol.

I’ve been searching and reading and was under the impression that the lead they have installed should be on their side of the parapet wall which then begs the question whether they have then built on the party wall. Shouldn’t they be building inside of the party wall? The first pic was sent by my designer who seems to think it should be built like this and not like the second pic which is my neighbours. The third gives some insight to the main roof dormer.

thanks

 

[^woody^]

You said you signed a PW notice, and now say it's not a PW issue, when clearly it is.

So what did you sign and actually agree to? They must have included drawings of the proposed work to allow you to decide.

 

[MrHappygolucky]

I said it seemed that it was not, that’s what I’m trying to establish. What’s on the drawings and what is built aren’t always the same because the drawings shared with me were plans/elevations and do not mark details showing exactly to the mm where things will go.

I signed a party wall agreement which stated the notice of proposed works of a double dormer loft conversion with no special foundation works and only padstones to be installed.

The actual final finish looks wrong to me. I didn’t agree at any point that they could use my wall to lay lead and allow for rainwater for run down my side of the wall. The main issue for me is when I come to build my L shape loft conversion and whether this build pits extra cost for me to build mine.

 

[^woody^]

I signed a party wall agreement ...
I didn’t agree at any point that they could use my wall to lay lead ....

You signed, you agreed.

That's a party wall, its been built on, that's the only way to finish the flashing, you signed, you agreed.

Now you send across your party wall notice for agreement or dispute. And you will most likely need to join your dormer to the neighbour's dormer to seal everything up properly.

 

[MrHappygolucky]

I’m going to have to humbly disagree here with you woody! Signing a party wall doesn’t really mean the builder can build however they want . If indeed they have built on the party wall and that is allowed then all is fine. I won’t dispute that. Like I said when I looked at the finished product it looked it it didn’t. The designer seems to think they haven’t hence my query. The lead flashing is part of the build and shouldn’t be on my side of the wall. This should have been considered when building. I am not a builder, but if I was, I would have built the dormer cheek on the inside of my party wall which would mean by the time the trimmers and boards were put up and tiles up, the lead flashing would have been laid and finished on my side of the parapet wall and not my neighbours.

 

[tony1851]

Although not a detailed construction drawing, the elevation does seem to show the dormer wall wholly on the neighbour's side of the party wall.
If the drawing was part of the PWA agreement, seems like the OP has grounds to query it?

Whether or not it is worth raising the issue is an entirely different matter. The fact that the flashing ends on your half of the wall shouldn't be a problem; there won't be much rain on that part - it's not as though their roof is draining onto the wall. A good flashing benefits both sides.

If and when you come to do your dormer, just build it tight up to their's and seal the roofs together.

 

[^woody^]

I’m going to have to humbly disagree here with you woody! Signing a party wall doesn’t really mean the builder can build however they want . If indeed they have built on the party wall and that is allowed then all is fine. I won’t dispute that. Like I said when I looked at the finished product it looked it it didn’t. The designer seems to think they haven’t hence my query. The lead flashing is part of the build and shouldn’t be on my side of the wall. This should have been considered when building. I am not a builder, but if I was, I would have built the dormer cheek on the inside of my party wall which would mean by the time the trimmers and boards were put up and tiles up, the lead flashing would have been laid and finished on my side of the parapet wall and not my neighbours.

Did you read my post a few posts up?

By virtue of invoking the Act and serving/ signing agreements, that very fact means that a wall is going to be built on the party wall, and that wall is going to be flashed over the party wall.

No one can sign a party wall agreement and then ask for the wall to be built off the party wall. That's a nonsense as that means the PW Act does not apply and the notice can't be served in the first place.

By definition, that flashing is actually protecting your property not the neighbour's, so is not really something to be complained about.

 

[dontbelieveawordofit]

the lead should be at least covering the whole of the wall. what they’ve done is the bare minimum and your old brickwork and pointing will be subjected to flowing rain water.
not good enough.

 

[MrHappygolucky]

Thanks all for your input and taking the time.

I’m going to have to sit down with the neighbour and discuss the above points amicably and take it from there.

I will post back on the outcome!

Happy new Year!