Need advice, is all this compliant?

18 Jul 2005
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United Kingdom

Firstly, sorry for what might end up a bit of a saga to read.

My elderly mothers next door neighbours (semi detached) have recently completed their full width single story rear extension, some concerns have arisen which I would like advice about.

The main issue is that her patio is now being flooded whenever there is a large downpour. It seems that the rain water from their main roof (double width semi) is now being discharged directly onto the new flat roof which then empty's into the gutter then from the down pipe into a new gully. As you can see from the photos the down pipe doesn't reach the gully so the rain comes under the fence and onto my Mother's patio.

Secondly, there is a electrical cable which I'm guessing feeds their garage at the bottom of the garden which was originally on their side of the boundary but is now exiting their new side wall and down into my mothers patio.

We have attempted to explain our concerns to the neighbours but they seem to have little interest.

I therefore asked advice from the local building inspector who said the job has now been signed off and after seeing the photos simply stated that when he was last their "it wasn't like that" but would ask them to put it right. I can't see how something as basic as the down pipe not connecting with the gully could have been signed off?

Since then the neighbours have simply placed another section of wood under the fence to attempt to close the gaps.

Lastly and for info, no party wall agreement was ever sought and my mothers fence between their two property's has never been properly repaired/replaced. My mother would like to stay on reasonable terms with the neighbours but I don't want her to be taken advantage of.

Advice please?
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It is not acceptable or permissible to direct rainwater onto a neighbour's property. Contact your local environmental department for advice and possible enforcement notice on your neighbour.
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I can't see how the OP's mother can resolve this and stay on reasonable terms with the neighbour, if they won't cooperate.
Thanks for the reply's guys. I thought the whole building inspector process was meant to prevent exactly this type of thing, I feel rather let down by them. Is there some sort of complaint process I can take with building control? After all, just saying "it wasn't like that when I signed it off" seems an easy get out. Is he saying that when it was signed off the drain was ok and for some reason the owners decided to move the gully?

Would that type of gully even be suitable for the purpose, it looks like a drive way type of thing to me?

Also any comments on the cable? Is that breaking any rules etc?

Problem I have is that If I let my mother know what's involved to get it sorted she will probably not want to bother and I'm guessing that the rain will eventually cause subsidence?

You can't complain about building control because you are not the applicant.

Even so, the extension could fall down and building control would not be responsible.

The cable and parapet stones are a trespass. And that would be dealt with via a civil claim and lots of money.

The gully just needs a bit of a slab on edge. Which is a simple job for someone, if the neighbour does not want to do it.
The cable presents a hazard to the safe enjoyment of the patio. If patio furniture or something else damaged the cable then a potentially lethal hazard would be created. For a person on the patio that hazard would remain until the neighbour was notified and was able to isolate the supply.

This should be pointed out in writing to the neighbour when they are also informed of the trespass they have committed. I am not sure but even if the cable was on their property the way it is installed at ground level and exposed to damage from items on the immediately adjacent patio would not be acceptable under current regulations.
Many thanks all, I think I already knew the answers but was hoping for a quick and cheap alternative. All very depressing.

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