1. Visiting from the US? Why not try DIYnot.US instead? Click here to continue to DIYnot.US.
    Dismiss Notice

GUTTERINGS AND DOWNPIPES

Discussion in 'Roofing and Guttering' started by drumgilken, 14 May 2019.

  1. drumgilken

    drumgilken

    Joined:
    15 Dec 2008
    Messages:
    26
    Thanks Received:
    0
    Location:
    Wiltshire
    Country:
    United Kingdom
    Hello again,

    I have not posted on here for a while.

    I'm planning on replacing my guttering & downpipes.

    My semi-detached bungalow was built in the 1980's & has
    shared gutterings with the attached property.
    During heavy downpours, the water comes over the top of my
    gutterings and runs the walls & windows of my property.

    When I replace my gutterings I am going to detach my gutterings
    from my next door neighbour. The rain runs down both roof's and
    into the gutterings, which then goes to the downpipes on the
    corners of my property & then into the soakaway on my property.

    I have been looking into the legalities of this & know my neighbour
    will have to attach downpipes to his property & also build his
    own soakaway.
    I contacted the Environment Agency and they told me it was a Planning
    matter.

    I found the following information on a website:

    www.environmentlaw.org.uk stating the following:

    Your Rights and Duties (England & Wales only)
    The general information provided here is not intended to constitute legal advice. You are advised to seek legal advice on your specific circumstances.

    If you live in Scotland, this page does not apply to you. You should seek legal advice from a Scottish solicitor.

    Rights of property owners
    The law (common law) allows property owners to take reasonable measures to protect their land and property from flooding, provided that these measures do not cause harm to others. For information about building your own flood defences, see section below: Right to protect property from flooding.

    The Environment Agency website offers guidance on simple measures you can take to protect your home. You may have to seek professional advice before you put some of these measures into practice. Other measures such as sandbag protection have some legal consequences. For instance, if the sandbags you place outside your home get soaked with floodwater, they may become contaminated with sewage and you would need to dispose of them properly. So if you intend to use sandbags for flood defence, ask your local authority for advice on disposal.

    Responsibilities of property owners
    The law (common law) requires that you use your property or land in a way that does not increase the risk of flooding to a neighbouring property. If you do carry out acts on your property that results in flooding to other people’s property, you may face a civil action.

    To reduce the risk of flooding to neighbouring properties, the law requires that you:

    • Keep your drains clear in your property and to ensure that you do not drain water into your neighbour’s property or foul drain. There is a natural right of drainage that allows water that flows naturally across your land to flow downhill naturally to your neighbour’s land. But you are not allowed to artificially channel water a way that will cause damage your neighbour’s land. If you do, you may face a civil action. (Example: Yes - Rainwater that falls on your lawn is allowed to flow downhill through your neighbour’s land. No - You are not allowed to channel roof water through a down pipe on to your neighbour’s property.)
    I would like to know if any member on here has dealt this type of situation in the past & how they resolved it????

    Many thanks.

    Dee
     
  2. datarebal

    datarebal

    Joined:
    1 May 2007
    Messages:
    1,925
    Thanks Received:
    261
    Location:
    Hampshire
    Country:
    United Kingdom
    Are your downpipes blocked? is the soakaways still working?
     
  3. drumgilken

    drumgilken

    Joined:
    15 Dec 2008
    Messages:
    26
    Thanks Received:
    0
    Location:
    Wiltshire
    Country:
    United Kingdom
    Hello there,

    Thank you for your reply.

    My downpipes & soakaway are working properly. I have them cleaned out regularly.

    Why do you ask??

    Thanks.
     
  4. Ian H

    Ian H

    Joined:
    14 Sep 2010
    Messages:
    5,278
    Thanks Received:
    563
    Location:
    Rochdale
    Country:
    United Kingdom
    If it was built like that I don’t think you can cut your neighbour off.

    You could ask them to add another pair of downpipes. If I were them i’d drop one into their kitchen gully and see what was available for the other.
     
    • Thanks Thanks x 1
  5. datarebal

    datarebal

    Joined:
    1 May 2007
    Messages:
    1,925
    Thanks Received:
    261
    Location:
    Hampshire
    Country:
    United Kingdom
    if they are clear and working properly then they shouldn't over flow.
    unless of course there is not enough down pipes.
    If you cut your neighbours off as you suggest then his water will over spill where you have cut it off...gravity.
     
    • Thanks Thanks x 1
  6. drumgilken

    drumgilken

    Joined:
    15 Dec 2008
    Messages:
    26
    Thanks Received:
    0
    Location:
    Wiltshire
    Country:
    United Kingdom
    Thank you for your reply.

    My neighbours do not have any downpipes. I am not responsible for my neighbour's
    rain that ends up in their gutters, but, then it runs into my gutters creating the problem.

    According Environment Law, they state this quite clearly as shown in the article I have posted.
     
    Last edited: 16 May 2019
  7. drumgilken

    drumgilken

    Joined:
    15 Dec 2008
    Messages:
    26
    Thanks Received:
    0
    Location:
    Wiltshire
    Country:
    United Kingdom
    Thanks again for you reply.

    I have sufficient downpipes for my property. But They take the rain from both properties.
    I mentioned in the first post that the overflow was affecting my property, not my neighbours.
     
  8. drumgilken

    drumgilken

    Joined:
    15 Dec 2008
    Messages:
    26
    Thanks Received:
    0
    Location:
    Wiltshire
    Country:
    United Kingdom
    To reduce the risk of flooding to neighbouring properties, the law requires that you:

    • Keep your drains clear in your property and to ensure that you do not drain water into your neighbour’s property or foul drain. There is a natural right of drainage that allows water that flows naturally across your land to flow downhill naturally to your neighbour’s land. But you are not allowed to artificially channel water a way that will cause damage your neighbour’s land. If you do, you may face a civil action. (Example: Yes - Rainwater that falls on your lawn is allowed to flow downhill through your neighbour’s land. No - You are not allowed to channel roof water through a down pipe on to your neighbour’s property.)
     
  9. Leofric

    Leofric

    Joined:
    9 Nov 2018
    Messages:
    737
    Thanks Received:
    61
    Country:
    United Kingdom
    You can't just discharge rainwater into a waste gulley that goes into a foul drain unless it is a combined drainage system .
     
    • Like Like x 1
  10. Ian H

    Ian H

    Joined:
    14 Sep 2010
    Messages:
    5,278
    Thanks Received:
    563
    Location:
    Rochdale
    Country:
    United Kingdom
    You shouldn’t, but in that situation I would.
     
    • Like Like x 2
  11. Ian H

    Ian H

    Joined:
    14 Sep 2010
    Messages:
    5,278
    Thanks Received:
    563
    Location:
    Rochdale
    Country:
    United Kingdom

    If you cut off their gutters you fail on this:

    If they agree to modify theirs first and add the downpipes and soakaway, then you could cut their off from yours.

    Has this been happening since the 1980’s?
     
    • Thanks Thanks x 1
  12. Leofric

    Leofric

    Joined:
    9 Nov 2018
    Messages:
    737
    Thanks Received:
    61
    Country:
    United Kingdom
    but I thought the idea was to advise people on the best practice and not 'advise' them to do what shouldn't really be done :!:
     
    • Thanks Thanks x 1
  13. Ian H

    Ian H

    Joined:
    14 Sep 2010
    Messages:
    5,278
    Thanks Received:
    563
    Location:
    Rochdale
    Country:
    United Kingdom
    Best practice for me would be to save money.
     
    • Thanks Thanks x 1
  14. Leofric

    Leofric

    Joined:
    9 Nov 2018
    Messages:
    737
    Thanks Received:
    61
    Country:
    United Kingdom
    Just a thought but would you discharge foul or waste water into a surface water drain to save money :?:
     
  15. Ian H

    Ian H

    Joined:
    14 Sep 2010
    Messages:
    5,278
    Thanks Received:
    563
    Location:
    Rochdale
    Country:
    United Kingdom
    No.
     
Loading...

Share This Page