Help. We have built a new side return extension, have relevant Planning Permission, sign off from Building Control and a Party Wall Agreement from our neighbours (council owned property) who consent to the overhanging guttering. We are trying to sell our house at the moment and our buyers solicitors think that our buyers could have issues in the future with the overhanging guttering if our neighbours (freehold owned by the council) come to sell the property on. I don't see how there can be any issues as it quite clearly states in the Party Wall Act that the Council who are the freeholders of our neighbouring property consented to us building an extension whereby the guttering hangs in their airspace. Our buyers are asking for a Deed of Easement in order to rectify the situation. I can't understand how there can be any issues if the Council clearly agreed to our extension in the first place knowing that the guttering would overhang. Any advice??
Overhanging Guttering on Party Wall
- Thread starter lesweep
- Start date
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The PWA does not give rights to overhang a boundary, nor does planning permission or b/regs approval
Overhanging of anything is a tresspass under common law, and you need express permission from the owner whose land you overhang - which is the easement
Have a look at the recent thread in the regulations section
edit
added a missing "not" as per shys post
Overhanging of anything is a tresspass under common law, and you need express permission from the owner whose land you overhang - which is the easement
Have a look at the recent thread in the regulations section
edit
added a missing "not" as per shys post
Helpful, thank you. When obtaining an easement would it just be the freeholder you would need consent from i.e the council? Any idea how long this would take? I assume they would not have a problem signing the easement as it was them who agreed to the PWA having the overhang anyway, therefore it it their fault that we built the extension the way we did.
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Don't count on it. You are mistaken into believing 'The Council' are one big happy family which they most certainly are not.
Eh?
The way in which it was built is entirely your fault and your problem.OK, so it is our fault, or the fault of the builder/architect? What would need to be done do you think? Roof off, change pitch of roof and put in a box gutter? Is this a big job? We have been told 10-12k. Any idea how easy it is to get a deed?
All of the above.
Primarily, the architect should have been wary, to say the least. The builder should also have given you advice, but ultimately it is your problem and responsibility.
I had a similar problem three years ago. The customer wanted me to build tight onto his boundary and i refused. He then said it would be ok to build it so it was just the gutter overhanging, as he had cleared it with the owner of the neighbouring house.
So the brickwork was built 225mm back allowing for soffit only. Surprise surprise, the owner sees it and does his nut. We ended up chopping the eaves back and re-fitting the gutter and fascia. Looked a pigs ear but sorted the issue.
Ho hum.
So in answer to our question, it is our responsibility to either get the easement or do the work. Any idea how long the work would take? Do we need to get planning permission, a new party wall agreement and building consent before we go ahead and do it? Advise I have been given seems to be that you could apply to the council at the same time as doing the work and the building inspector to check the progress as you do it
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