Can My Neighbour Stop Me From Replacing my Roof With a Matching One?

Question

I’ve got a situation where I want to remove a damaged pitched roof on an out house and replace it with a new one to match existing.

The neighbour is awkward. Does the neighbour have any right to prevent me from undertaking this work under the act?

Answer

I’m assuming from what you say that the wall shown on your sketch is a party wall and that your neighbour has not enclosed upon it with a building on their side. If that is the case replacing the covering to your pitched roof would not be notifiable under the Party Wall Act and you need not involve your neighbour.

The only exception would be if the junction between your existing roof and the party wall was not sealed with a flashing which is inserted in to the wall and you intend to insert a flashing over the replacement roof. A new flashing cut in to the wall would be covered by section 2(2) of the Act and you would (technically) be required to serve a Party Structure Notice. Your neighbour would then gain rights under the Act including the right to appoint a surveyor.