Do We Need a Party wall Agreement to Project Guttering Over the Boundary?

by The Party Wall Surveyor

Question

I live in a Victorian terraced house.  We are planning to remove a first floor conservatory which is at the back of the property, and replace it with a double pitch roof – this would be for storage only, ie not a loft conversion, no Velux windows, etc.

The back of our property extends quite far back, and we are not looking to extend this at all.  Our adjoining neighbour’s house does not stretch as far back as our house, but they do have a couple of out-houses, one of which is against the adjoining wall, but does not really stretch as far as the start point of our roof (if that makes sense).

Because this will be a double pitch roof, there will be an overhang in terms of guttering, onto our neighbour’s property.  I am not sure if in need a party wall notice, or if a simple legal agreement, stating that we will keep the guttering in good order, is all that is needed.

Answer

The Party Wall Act would not give you the right to project guttering over your neigbour’s land. You will need their express consent to do that so a short legal agreement is probably the best way of achieving that.