Which Act applies? Party Wall Act or Access to Neighbouring Property Act

[red5050]

We had an extension built above our existing flat roof. The neighbours objected first of all so we build it about 6in away from party wall line. We need to join the existing flat roof to new wall. As far as I can see the Access to Neighbouring property act only covers preservation work to existing buildings, the old part of the roof is existing but it only needs to be repaired because we built new extension. Does Party Wall Act cover it as our flat roof joins onto neighbours but our edge is raised slightly higher.We wouldnt need to do anything with theirs. The problem we have is our neighbour refuses to allow us onto his roof to carry out this work and has threatened to call police. Where do we stand? The builder can't do this any other way and we have rainwater pouring into our home. A quick reply would be very much appreciated as we are getting desperate.

[Hymie]

This document should explain all:-

http://www.communities.gov.uk/documents/planni ngandbuilding/pdf/133214.pdf

[red5050]

Already have this document but it doesnt state whether the type of work we need to do is covered. Does it cover work on your own property that is on our side of the boundary line? As the edge of the roof isnt astride, it isnt on theirs, just up to.

[Hymie]

From this article in the Telegraph, it would appear that you do not have a right of access to his property to build an extension to your property (only for repair).

http://www.telegraph.co.uk/property/main.jhtml ?xml=/property/2008/07/26/pclinic126.xml

[buildersmate]

The D Telegraph article does seem to suggest you can't do it using the Access to Neighbouring Property Act. And having looked at the clauses within the first section of the Act, I can't see any wriggling room for you either.
The Party Wall Act could be used, but you need to give notice etc. - you cannot instantly demand it.
The police won't want to get involved - its a civil matter.
Only two courses of action I can think of.
1) Wait until he goes out shopping and just do it - what's he doing to do - sue you for the damage you do from the trespass? - this is what most builders just do.
2) point out to him that since this is dispute between neighbours he will of course have to declare to it to any parties when he eventually sells. And you of course will ensure they know that you are the neighbour from hell. Probably an empty threat. Go with option 1.

[red5050]

Thanks buildersmate. Wish it was as simple. Already tried repairing it as he's always out, its his wife that stays in & screams & shouts and threatens police. Not easy as the roofer cant just come round when we say the coasts clear! He's in the building trade, surveyor?? or something likewise and knows the ins & outs of Acts, rights etc. I need to know for definite whether we have rights under party wall act. Looks like i'll be appointing our own surveyor.