Party Wall Act 1996

[Ardiles]

You're right to try to settle amicably.  One day you will need to sell your house, and you really don't want to have to tick the box on the Seller's Info Pack that informs potential buyers that you have been in formal dispute with one of your neighbours.

Given the facts as you have set them out, it sounds that you have quite a lot of bargaining power.  Your neighbour is on a sticky wicket - and it's he that has the most to lose.  (From what I can tell, the problem does not affect you at all.)  It feels to me that maybe he should be paying a little more than 50% of the cost of fixing the problem with your flat roof.

[4D]

How about you pay for materials and he pays for labour? Have you got a quote for the job?

[pumbaa]

No formal quote as yet, but informal quote from one roofer at about 800 quid. I'm playing the waiting game at the moment, this has only sparked up again as I overheard his contractor talking to various people on the phone earlier. I'm expecting a visit tonight, shame I'm going out to dinner later.....

[Azza]

If you take your porch down will his structure hold up?

[horlock07]

 I (for my sins) am a planner and used to be a Council planning officer - party wall has nowt to do with planning they give consent for the land use whether it can be built legally is not a planning consideration.

However did it need PP and did they get it? I will read your post in the morning when I haven't had a beer or trying to read it on phone screen?

[Simon Pieman]

His contractor should have checked before work was started. Tell him you've been quoted 800 quid but you can't afford anything due to your kid etc. Helpfully suggest that his contractor remedies the porch for 400 quid but your neighbour pays for it all.

[Simon Pieman]

I'd like to add that his builder is going to say fuck off, but at least you've tried to come up with a solution I.e. you're not a cunt

[Flashheart]

It feels to me that maybe he should be paying a little more than 50% of the cost of fixing the problem with your flat roof.

It feels to me like he should be paying 100% plus a few pints for the inconvenience.

If your neighboor knocked on your door and said they want an extension built and they want you to contribute 400 quid to the cost, what would your answer be? (not directed at you Ardiles)

[Flashheart]

...........

[nochee]

I know the builder had a look but have you had a look under your tiles to see if the batons are rotten? If they are then by having the neighbour pay half of the cost to sort out your damaged roof might not be such a bad thing.

You may not see any water damage  at the moment but that doesn't mean it's not there.

Ignore me if I have completely missed the point as I only read the thread quickly.

[Jackstfc]

You're right to try to settle amicably.  One day you will need to sell your house, and you really don't want to have to tick the box on the Seller's Info Pack that informs potential buyers that you have been in formal dispute with one of your neighbours.

Given the facts as you have set them out, it sounds that you have quite a lot of bargaining power.  Your neighbour is on a sticky wicket - and it's he that has the most to lose.  (From what I can tell, the problem does not affect you at all.)  It feels to me that maybe he should be paying a little more than 50% of the cost of fixing the problem with your flat roof.

Totally agree. As a civil matter, you can have years of misery not to mention legal costs by both of you holding your morale ground regardless who is actually right. The law is helpful but to enforce it would take you ages and is often a matter of interpretation and so a case can go on and on.

I rent 2 houses out and when I bought them had problems with neighbouring houses ; one had acquired 2ft of my garden (according to the deeds) by moving the shared fencing and the other had a rear extension drainage system which was just a pipe over the fence into my rear garden !
 
The best advice I got was to agree amicably (that was my solicitor!). He said it can take years , lots of £££'s not to mention the stress and hostility for you and your family if you live there with neighbour disputes.
If I was you I would list out the arguments you have and as importantly, your neighbour has and weigh up the pros and cons of both and then agree to help with a nominal amount and see where it takes you. If you can see the damage yourself then £100-£200 is probably a small amount to contribute but if you have to consider more then get your own survey done. You may need to imagine this is a dispute between two strangers and that way it might help you to make a more balanced judgement as emotions can sometime make us men very stubborn !
Good luck with it.

[@MacPhlea]

Just say, you are welcome to fix my property to help solve the problem, but I ain't paying for anything! Any job can come up against a glitch, he should have budgeted for that.

4D in "giving good advice shocker!"

This would be my stance... Especially as they didn't get planning permission, didn't run it past you first and then got the builder to interfere with your roof without permission...

If I were your neighbour I would have offered to repair your roof as a gesture of goodwill for being such a cunt

[4D]

4D in "giving good advice shocker!"

It can happen

[horlock07]

Right I have read it properly and sobered up a bit, to be honest until he gets planning permission retrospectively I wouldnt do anything as it he fails it may have to come down anyway and frankly if you don't have any water ingress in the porch why should you speculatively spend the cash?

Secondly in terms of the work required I would suggest that request an independent assessment be undertaken to establish the problem. If I was his contractor I would blame your roof in the first instance to discharge any responsibility for my worksmanship - either get a surveyors report (which I would suggest he pays for in lieu of pissing you about re the PWA) or even just get another contractor from your side to assess.

In terms of the statutory position taking note of the fact that he hasnt got PP, has he got building regs for it?

[Azza]

It may be exempt from BR though given the size of it?

https://www.southend.gov.uk/download/584/bc_4-exempt_buildings_leaflet