My kitchen extension currently has a flat felt roof which continues onto my
neighbours kitchen extension. As the felt is now defective I would like to
change it for a pitched, slated roof. My neighbour however is unhappy about
my builder having to get onto his portion of the roof in order to complete
my new roof. Am I right in thinking that the "Party Wall Act" provides me
with right of access to my neighbours property in order to carry out work on
my own? I'm trying to resolve this with him in an amicable fashion and
have offered to pay for any damage that may be caused but wanted to know
what my legal rights are.

Also, is it permissible to adjoin a pitched roof to a flat roof?

Would this have been better posted to a UK legal type ng?

Regards,

Trevor.

Trevor Smith wrote
Am I right in thinking that the "Party Wall Act" provides me
with right of access to my neighbours property in order to carry out work on
my own?

It does, but only after following all the procedures in the Act, including
serving notices, appointing surveyors and drawing up and signing the legal
agreement called the Award. The Award will set out the manner of the access,
for what purpose, and the times and durations etc. It will also include clauses
about making good any damage. Essentially, the point is that the right of
access under the Act cannot exercised until your neighbour has given his
consent.

I'm trying to resolve this with him in an amicable fashion and
have offered to pay for any damage that may be caused but wanted to know
what my legal rights are.

I am not certain the Party Wall etc Act definitely applies here - it depends
upon what you are planning. If you will be raising a shared party wall to form
the side gable for a lean to roof against the rear of your house, for example,
then it will. But what you do to your own roof and your own non-party wall is
your own affair and the Act will not apply. You can't act as your own Surveyor
for Party Wall negotiations so your best bet is to contact one now and let him
see the situation and advise you. To find one, look at
http://www.partywalls.org.uk/ and click on Consultants.

Also, is it permissible to adjoin a pitched roof to a flat roof?

Yes, but if I was the neighbour I would insist that you ensure it remains
watertight and that the work is done to a good standard.

Would this have been better posted to a UK legal type ng?

No )

Regards
Peter

In article ,
Trevor Smith wrote:
My kitchen extension currently has a flat felt roof which
continues onto my neighbours kitchen extension. As the felt is
now defective I would like to change it for a pitched, slated
roof. My neighbour however is unhappy about my builder having to
get onto his portion of the roof in order to complete my new
roof.
[snip]

Next door to us had to have scaffolding put up,
and asked if the scaffold firm could put the odd
slanty prop on our land, for safety. That's ok,
I thought, no problem.

In fact the scaffolders took the permission as
an open-ended licence to use our land... parked
their bloody vehicles on our drive, took their
stuff in through our side gate, (knackering the
hinges on the way), littered our side of the
fence, you name it....... it seemed that they
disturbed us rather than their (paying) customer.

So I understand your neighbour's reluctance to
allow your builder access to his property. Why
should he? There is no benefit to your neighbour,
just aggro and possible (probable?) damage.

Your builder can do damage, shorten the life of
your neighbour's felt roof, and be off and away
before anything gets noticed.

Perhaps you should offer to replace his felt roof
anyway, as compensation for the inevitable damage.

--
Tony Williams.

This is a good place to start regarding party walls.

http://www.partywalls.org.uk/

Apart from that you also need to consider the building regulations and
planning. Details here (Well some of them!)

http://www.onlineplanningoffices.co.uk/frames.htm

You are quite correct to try and reach an amicable arrangement with your
neighbour.