Neighbours loft extension roof/eaves overhanging party wall

[3109NewName]

We live in a victorian terrace and have shared party well on one side with end terrace house. It’s 3 rooms on both floors so the room at the back (their bathroom, our third bedroom as our bathroom is still on ground floor) has a shared wall and the roof over it is a triangle shape that peaks at party wall.

Neighbours are extending the party wall in loft space above the back room to create another room. This is all ok with us and we have no objection. What is not ok is the roof and eaves in this extended room have now been built and are extending several inches over the party wall and into our “airspace.” This over-reach was not reflected in the planning permission or in the plans submitted party wall agreement. We did not specify in the pwa that they couldn’t build past boundary because the plans did not indicate they would. Can we reasonably object to this? How? Talk to neighbours? Call planning permission or building regulation? Call solicitor? Should I be concerned about our ability to someday extend into this space?

You need to speak to them immediately. You can’t build over the boundary wall and it is incorrect if they have done so. Ask them to rectify and confirm you will put this in writing once you’ve spoken to them.

They need a parapet wall - I think that the term.

Thank you. If they don’t agree with us that they have done anything wrong, what’s the next action in terms of escalation? Will anyone in the council planning office care or enforce that the build isn’t quite matching the plans by a few inches over the boundary? Is it a building regulation issue? I am loathe to involve solicitors but also feeling like a doormat if I don’t do anything. I will have the conversation but not expecting it to go well.

The council will care. Someone on our street had to rebuild their roof as it was some inches too high (new build house on an established street). You could tell it was (only) slightly higher than the neighbours, someone complained to the council, who made the builder redo it.

But obviously, try speaking to your neighbours first if you have a good relationship.

Speak to the neighbours and then contact your local council planning enforcement team. There should be a website for them if you google.

The PP is right, they do care. Take pics and get the plans; highlight the differences. Firstly go to your neighbour and then contact the council. Make your self known and keep gently push it on with determination.

You shouldn’t let this go as it impacts on your property and could impact a sale.

Check your home insurance to see if you have legal cover. You may wish to just mention that to your neighbour “I’m reluctant, but willing and able to go to a solicitor”

I wouldn't start mentioning solicitors yet, try and sort this out amicably first, ie chat to your neighbour laying out your concernt that altohugh it's only fractionally in your "airspace" it may complicate matters when you sell. If you get on well I'm sure they will rectify it - they probably don't even know about it yet.

The planning dept will definitely be interested in that.
I wouldn't personally worry about it too much/lose any sleep as it's an obvious Intrusion into your space & they will be forced to correct it.
Do mention it though in a ' hey I think your builders have made a mistake!' friendly neighbour way.

@3109NewName how did you get on?

Kind of you to check in. The conversation with neighbours did not go well. I won’t go into detail as too revealing but bottom line is they think it’s hardly an overstep and the council will not care. They think if a parapet wall was necessary then we should have helped pay for it and requested it in the pwa. We have followed up our concerns in writing and have called the planning office for advice.

Your neighbours are wrong: it is an overstep, the council will care, and you are under no obligation to part-fund their building work.

CF neighbour! Completely not on! Hopefully the council will be more helpful. And yes, apart from anything else, it will compromise your own extension if you ever wanted to build one and also I wonder if a buyer's surveyor would pick it up if you were selling.

The council may not care that much, trespass is a civil matter. Do you have legal cover on your home insurance? Call them now if you do.

The Council won’t really care, you will need to prove they’ve overstepped the boundary and without measurements or defined boundary plan the Council will say they can’t do that for you. You will probably need further advice.

Check your deeds too, sometimes the deeds allow gutters etc to cross over. Depends obviously on the development.

Contact your local councillor. They will be on planning committee. Sorry your neighbours overhang should be in their airspace. How is this going to be maintained? Are they going to have to access your property to maintain this? Act NOW

Have you legal insurance with your house insurance ? They might be able to advise

The council will care if the build is not in accordance with the plans

If it doesn’t tie in with their planning permission, the council will definitely care. Not your problem. Their show, their cost.

They sound charming. Why should you pay anything . It’s not your extension

Did you appoint a Party Wall Surveyor as part of the PWA? They would be the best people to contact. I think you will ultimately need to get a solicitor involved.

TBH, the Council won't really want to get involved for a few inches. At best they will request a revised planning application. They won't want to go down the enforcement route - costs too much.

Thanks all. We spoke to planning office and filled in a form to raise concern. Agree that it’s unlikely council will enforce. I will review insurance and pay solicitor for an initial consult if necessary. PWA surveyors are not interested in boundary issue unfortunately.