Shared flat roof leaking. Who is legally liable for the cost of repair?

Question

My neighbour and I both have extensions at the back of our houses. We have a shared flat roof.

They have just been round to say that it is leaking their side and are going to contact a roofer. If it can be patched, then all well and good, but if it has to be replaced, will it all have to be replaced, and if so, am I liable for the cost of half, even though my part is in good condition?

Sorry if this is posted in the wrong section, but I need good advice.

Please only answer if you know.

Answer 1

It depends on what type of agreement or understanding you had with your neighbour while doing the extension. With no understanding, you have to pay full if repairs are required on the portion on your side. I'm a Civil Enginerr myself. It won't cost you fortune. All that u have to do is to increase the slope of roof so that there is no stagnant water after rains. If it's concrete roof, you have to place 30 mm to 50 mm concrete layer finished with neat cement.

Answer 2

I would think you'd have to pay half, but i'm no lawyer. Good luck!

Answer 3

I see this as a typical question where you really know the answer but hope someone will be able to show you a way to not pay out any cash.  Depending which way the roof falls to allow water to run off (And it should be away from both houses  then only a crooked roofer will say it can't be patched.  I would suggest your neighbour has all the waterproofing felt taken off his half, a piece of scantling about 3 x 2 fixed onto ther roof between the two of you and a proper job of recovering his half be undertaken asap.  This piece of timber will prevent sideways movement of any water in the future.  After the repair is done, the two of you should organise a barbie where YOU supply the beer in the hope relationships will be cemented and neighbours can remain friends....................... (If my neighbours were unfriendly I would move away, I don't rush round for a cup of sugar but hope we would both be there if needed).

Answer 4

The same happened to me when we lived in a block of 4 flats and the stairs up the middle started leaking through to the bottom flat, we were all liable for a 4th of the price to get them fixed  

Answer 5

if your half is in good condition, which i doubt if your neighbours has worn out, then its most likely yours has to. Then they can repair just his side, they have to make good the seam between the two. Its not to difficult to do. Get the roofer to explain and show you any damage on your side.

Answer 6

You didn't say if you live in a community or townhouses or what the situation is. If you live in a community - condos, townhouses, etc. - there will be Bylaws that the community will have. You just need to consult with them. If it's a free standing house, and the roofs are connected, then if the leak is originating from your neighbor's side, they are responsible for ALL the bills, and the other way around.

Answer 7

A lot would depend on deeds, ownership arrangements, covenants.

The entire flat roof does not have to be replaced.  You may end up with an unsightly seam running down the middle of the roof, and such seams are prone to leaking.