Who is responsible for illegal guttering on rooftop garden

[suzannescott]

Hi

 

I really hope someone can help.

 

I own a ground floor flat (and share a freehold in the building). My upstairs neighbors have a rooftop garden which has no guttering - when the roof garden was built the existing guttering for the house was cut short and a 1 inch pipe taken from what was left to the main sewer pipe (which I have been told is illegal) which runs down the wall past my bathroom.

 

Because the pipe is too small to take water from the gutter the gutter has been overflowing and as a result has leaked into my bathroom and living room. My living room has original larve and plaster ceilings which has been spewing water onto my newly polished floors. The ceiling was so soaked earlier, and holding so much water, I had to poke a hole in it to drain the water away and prevent the ceiling from coming down entirely.

 

When I asked my neighbors to have the guttering repaired and for someone to come round urgently to stop the leak they told me to sort it out myself and when I mentioned that I will have to put this through the insurance they became annoyed and told me that it is joint responsibility and not solely there's.

 

As far as I am aware, because their roof garden is an alteration to the house myself and my other neighbor have no responsibility for its upkeep and repairs - and that we are jointly responsible for any maintenance/repairs for the rest of the roof. The roof was altered to create their roof garden and because it was done badly, and I'm told illegally, my home has suffered massive damage.

 

Does anyone here have any experience with this sort of thing? Whether I'm right or wrong I would like to be a little more clearer on it when I have to speak to them again.

 

Many thanks in advance

[fletch70]

Have you contacted the freeholder or are you also a member of the freehold cooperative

[suzannescott]

Hi

 

Thanks so much for getting back to me so quickly.

We each have a share in the freehold so we tend to all chip in for repairs etc. I'm just unsure whether, because this is guttering on their rooftop garden, which altered the roof, whether that part of the roof is a joint expense or theirs.

 

Many thanks again

[fletch70]

I know it sounds silly but have a read of the lease. It might give you some guidance.

[suzannescott]

That was my first thought but the rooftop garden was installed after the lease was last drawn up and we each have a separate lease. Plus my copy of my lease happens to be with a solicitor so it can be extended. It's a mess. Typical for this sort of thing to happen at the worst time possible!

[dx100uk]

what does your local council building regulator say about this?

 

matters not about leases etc etc

 

the damages has been caused by the improper installation/change in the guttering

 

totally their problem & you should claim against them.

 

dx

[mariner51]

What is your Solicitor's opinion?

 

 

On way would be to claim on your home Ins for consequential damage and let them try to sort it with upstairs Insurance Co

Get local planning officer to inspect and see if Building Regs have been followed re diam of downpipe.

What is opinion of your other co-leaseholders?

[citizenkain]

I cant believe your neighbours are so thick,if they've altered the guttering to the building and its causing problems they are totally at fault! get your solicitor on board and tell them you want compensation for the damage! I would contact the building control office of your local council as well and take plenty of pictures