With all the bad weather of late this is probably a relatively minor issue, but in recent weeks we’ve had a leak present itself where our house connects with our neighbours’ flat-roofed single-storey garage.
A builder took a look at it and said water was getting through some flashing which had been eroded due to a down pipe that comes off our neighbour’s main gutter, terminating on the flat roof. He sealed the flashing for us and added an extension to the down pipe to remove the water from the roof – with permission from our neighbours – but we noticed more ingress following particularly heavy rain, which the builder is convinced is due to the roof needing to be replaced.
The neighbours are now a little put out as, according to them, they’re not seeing any water coming through their garage roof; but the builder is convinced that is the root cause of the issue.
I’m in a bind as I want a resolution to the issue (it’s causing fuses to trip, etc). I don’t want to go down the insurance route as I think it would cause a falling out, but I’m not sure I have many other options. Would you have any idea how we can bring this to a satisfactory and speedy conclusion?
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First of all, from a health and safety perspective, it is important to note that you have mentioned fuses tripping. This suggests that the electrical system may already be impacted by the water ingress. As an immediate first step, you should engage a registered electrical contractor to inspect the affected circuits and ensure the installation is made safe. Water penetration and electrics are a serious combination, and the priority must be to isolate any immediate risk while the underlying cause of the leak is addressed.
Turning to the building issue, leaks occurring at the junction between two adjoining structures are often difficult to diagnose without proper investigation. Where a pitched roof meets a flat roof, or where drainage discharges on to a neighbouring roof surface, water can enter at one point and travel internally before becoming visible elsewhere. It is therefore possible that your neighbour may not yet be seeing obvious signs of water penetration within their garage, even if the entry point relates to the roof covering or flashing at the shared connection.
Under Irish law, the wall or junction between adjoining properties may fall within the definition of a party structure, as set out in the Land and Conveyancing Law Reform Act 2009. Sections 43 to 47 of the Act outline the rights and obligations of adjoining owners where works affect a party structure. In broad terms, where works or defects associated with one owner’s building subsequently cause damage to the neighbouring property, there is an obligation to make good that damage and reimburse reasonable costs incurred in resolving the issue.
At present, you are faced with two competing explanations: your builder’s view that the flat roof covering may have failed and requires renewal, and your neighbour’s position that they are not experiencing any problem and therefore do not accept that their roof is the source. In circumstances such as this, the best way forward is to obtain an independent technical assessment rather than relying on differing opinions.
A Chartered Building Surveyor would be best placed to inspect both properties and determine the true point of water entry. This may involve assessing the flashing arrangement, the flat roof membrane, drainage discharge points and internal ceiling conditions. In some cases, intrusive investigation is required, such as opening up sections of the roof covering, in order to establish causation. Depending on the age and condition of the structure, it may indeed be the case that renewal of the flat roof is required, but this should only be concluded following expert assessment.
It is also worth noting that water ingress can have multiple potential sources. For example, if the adjoining wall is of cavity construction, water can track through the cavity or enter at a higher level before presenting internally at a lower point. Again, only a proper inspection and report can establish the cause and the appropriate remedy.
The preferred approach in situations like this is co-operation between neighbours. You should propose a joint inspection, agreement on an independent surveyor and a plan to carry out whatever repairs are necessary once the cause is confirmed. The party structure legislation provides a framework for access and repair where shared elements are involved and often matters can be resolved quickly once the issue is dealt with in a calm, evidence-based way.
You have also referenced your reluctance to go down the insurance route. This is understandable as insurance claims can sometimes strain neighbourly relations. It is important to recognise that most household policies cover specific insured perils, typically sudden events such as storm damage or burst pipes. Gradual deterioration over time, or defects arising from ageing roof coverings, may not fall within standard cover. That said, each policy differs, and it is always worth taking professional advice before ruling insurance in or out entirely.
If your neighbour is unwilling to engage, the Act does provide for escalation. Section 45 allows an adjoining owner to apply to the District Court for a works order, which may permit access to carry out necessary remedial works and address responsibility for reasonable costs. Legal advice should be obtained before progressing down this route, but the existence of the legislation often encourages co-operation once formally referenced.
Ultimately, your priority should be immediate electrical safety, independent diagnosis of the leak source and co-ordinated repairs in accordance with the party structure framework. Water ingress at a shared boundary is rarely resolved through guesswork alone, and an expert-led approach offers the best prospect of a speedy and satisfactory conclusion for all parties.
Damian King is a Chartered Building Surveyor and a member of the Society of Chartered Surveyors Ireland
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