is this a building regs breach?

[homebuyer]

Trying to buy a house and the survey has flagged an issue with a party wall extension only being built with a half skin of brick thickness and with an overhanging gutter (trespass over the next door property), contrary to the architect's original plans. The vendors are saying it isn't a problem but we're concerned that it is a building regs breach? The images included here show the original architect's drawing on the left, and what was actually built on the right. Interested to know if anyone has any opinion on this please?

?

 

[^woody^]

If there is a completion certificate then its OK. Not all extensions are built to the plan, and not all walls need to be two skins.

Whether the overhanging gutter has permission from the neighbours, or has acquired an easement over time, is the job of your legal advisors to determine and advise.

 

[tony1851]

Depending on when it was built, whether or not it represents a breach of Building Regs may be irrelevant.

 

[oldbutnotdead]

Good spot by the surveyor. There's nothing intrinsically wrong with a wee half-brick wall like that, wind and background noise in that room might be higher than normal but that's a bit subjective. Again depending on when it was built the U value might not be right for regs at the time but the odds of any enforcement action happening are very very low. Parapet gutters can be a bit iffy (if a normal gutter gets blocked it splashes down the wall, you can see it and unblock it before any serious damage occurs. Parapet gutter gets blocked, first thing you know about it is water coming into the roof under the tiles UNLESS the flashing on the roof side is higher than the top of the parapet) so the owners might have dodged a bullet there.

If it's been up more than 4 years then it is immune from enforcement for breach of planning conditions, not sure how long it takes to acquire an easement- get your conveyancer to chase the details.

 

[Notch7]

According to your drawing, the gutter overhang is hardly encroaching more than the position thst the double wall would have been.

I think the detail built is s better option than a parapet.

 

[Nakajo]

Building Regs isn't concerned with trespass (or eavesdrop)

 

[wessex101]

Surely a half brick thick wall is not weatherproof and would be a breach of building regs, also you would need very think insulation to the internal lining to comply with Part L.

Looks like a very shoddy detail to me, I can't figure out why they didn't do it properly. Maybe corner cutting in which case what other corners were cut?

 

[^woody^]

I think the detail built is s better option than a parapet.

It's better for the builders as its easier and less costly for them to do. Its not better for the owner who then has all the boundary issues to deal which in the immediate and longer term future. Plus, this is a breach of planning permission if the relevent notices were not served on the landowner or building across a boundary was not approved in the actual permission. And it wont be PD if work crosses a boundary.

Whenever I design these box gutters I always make sure that the owner is aware of the importance of the builder not doing his own thing and keeping exactly to the design.

 

[^woody^]

Surely a half brick thick wall is not weatherproof and would be a breach of building regs

Garage conversions?

 

[wessex101]

Garage conversions?

Fair point, I've never done one to create a habitable room but I certainly wouldn't be comfortable drylining a half brick thick wall.

I've done a few tapered box gutters like the parapet detail above, I've even got three on my house, never blocked or caused a problem. Although you do have to keep an eye on them, just as you do for regular eaves guttering to clear out leaves, dead pigeons etc. It becomes more complicated if it is a full parapet that encloses the roof on all sides then if the outlets get blocked you can have a flooding issue but you have overflows to prevent that.