Party Wall Dispute

[David H]

I have a full width dormer just added at the back of my house, and my neighbour in the semi side has complained as the flat roof projects over the edge of it as they do, and meant cutting about a 9x6 inch slice out of her tiles which overhang the edge of her roof.

I initially panicked as although the architect designed itand it appears to have passed building regs (verbal, they still haven't emailed it) I assumed someone had made a mistake until the builder explained that because we're on a hill her roof is about 2 feet above mine, and while the the dormer is a good 6-9 inches off her side the edge of the lid runs along the midline of the party wall, but cuts into her tiles as they hang over my boundary by four inches as all the hundreds of semis here were all built that way on a slope.

My master builder confirmed a small slice of tiles doesn't affect the structure or integrity of her roof as they are literally hanging in mid air and are over the edge of her roofline, not eating into either her loft below or her boundary. Therefore although the builders did not have the courtesy to tell me or ask her they were planning to take the lid to the boundary line which was overhung by four inches of her tiles, they caused no harm and neither broke the law nor the party wall agreement.

I plan to speak to the architect on Monday but as there's literally no similar case online there's nothing to check this against. One builder had added a floor where the edge of the lid of the flat roof did cross the boundary above the dormer but it was already a dead case, which did break the party wall rule but was not disputed. Mine is the exact opposite as the entire dormer is within my own boundary and I feel like telling my neighbour to take all her tiles back four inches as they are on my land. I may do that in fact.

[davebro]

Has she said what she intends to about it if you just leave as is?
Seems like she has no grounds to make you change it & it would be a lot of hassle for no real benefit.

[davebro]

/The lower stratum is the space immediately above and around the land. You have the right to protect this from anything entering your airspace such as projecting eaves//

&

//As part of your ownership of the airspace, it's within your discretion to allow other parties to use it. //

[The Builder]

A sad state if affairs David. If I understand the layout correctly, the architect should never have drawn it like this, and the builder is an idiot for following the plans to the detriment of simple common sense.

The dormer should have simply been constructed a few inches shorter to avoid any of this. Easy to say now.

I'm afraid the position of the boundary line is immaterial. Your neighbour's roof has been there (I guess) for many years. Long enough to have established the "status quo".
I really am sorry, but there is no way that either you or your "agents" can interfere with another's property.

Davebro is quite right about the airspace. But that is more concerned with projections made as an extra, after the house was built.
As it stands, your neighbour's "oversail" is established because it's always been there.
I'm sorry to be doom-laden about this, but I really can't see how you could legally do anything.
It's an awful situation to be in. I just hope your neighbour doesn't decide to take it further.
I wish I could be of more help.

[David H]

Thanks for your help. I was totally unaware her tiles overhung my roof before now and I'm sure she didn't either. Like the NI protocol there is probably no mutual solution to this so may end up as a staring contest. I have to speak to a number of experts now and see what my options are. Yet again I've been thrown under the bus by the same builder.