The Party Wall Act 1996

[SJG]

Hi guys, 20+ years ago my parents had a flat roof installed over their kitchen (just 1 story) and the adjoining neighbour did the same. So basically it was one big flat roof (I think it's fibre glass). The have a lifetime guarantee with it. They now have new neighbours who want to raise their side by 10 inches. The problem there is that it will invalidate the guarantee. My parents haven't seen any plans on what he's actually going to build. They are in their 80's and it's starting to cause stress as today he's given them the templated
https://assets.publishing.service.g...Example_letter_1_-_Party_Structure_Notice.doc

I'm not sure what the next steps are, perhaps citizens advice. Do next door need planning? Any help on the next steps would be appreciated. Regards. Steve

 

[wessex101]

A lifetime guarantee for a flat roof will not be worth the unicorn parchment it is written on! So your parents really should not worry about that.

A roof is not a "party" structure so the neighbour can raise their side if they so choose.

If they want to raise the "party wall" between the 2 properties then they must follow the statutory Party Wall Act rules which will include providing details of how the neighbour will make good the junction between the new wall and the existing flat roof.

My advice would be to dissent to the notice and instruct their own good local party wall surveyor which should give them peace of mind. The cost of the surveyor and all works to make good their roof should be paid by the neighbour.

 

[^woody^]

Some liquid plastic roofs can come with long warranties 15-25 or so years, and the "lifetime" if that is how its written, may mean that of the covering not the customer. In addition these warranties tend to be insurance backed, not just written by the installer.

A plastic roof is nearing life end after 20 years regardless, and that wont be covered under any warranty. But check the actual warranty wording.

I can't see how they could raise the roof level without raising the wall, which will be a party wall and in turn will invoke the Act as above.

There does not need to be dissent, as things can be agreed before hand, and part of the agreement could be some sort of warranty continuation (whatever that may involve) or compensation for loss of warranty (if that can be determined) or some other commitment to look after the roof cover. However it may be easier to dissent and get things formalised in an "Award".

The thing is, all this relies on the neighbour serving notice in the first place. I they don't (which is common) then the parents will need to apply for an injunction via the court - and this will be granted if the work does involve the PW Act.

 

[SJG]

Thanks woody for your time with this, it's very much appreciated (sorry only just seen the email notification now). Next door are going to get the builder to put a 10 guarantee in place or one that will. They will also get a surveyor in to look at it, which nextdoor will pay for. At least they're making an effort and if all looks ok then my parents will sign. It's more the extra stress on them tbh that I'm worried about (it's been a hard year, as it has for a lot of people). Hopefully there will be an agreement and we can move on. Thanks again woody.

 

[^woody^]

In practice, the issue is merely the cut line and subsequent flashing and sealing of the junction. If that is done by way of correct detailing and quality of work, then the roof (and parents) are in no worse a situation.

 

[johnny2007]

Out of curiosity, why do they want to raise the roof by 10 inches???