ᐅ Neighbor is insulating their gable wall. They want to add 15 cm of insulation extending onto our roof.
Created on: 27 Nov 2024 09:44
H
House Grey
Hello,
The neighbor’s gable is leaking and needs to be repaired.
It adjoins our roof.
We are aware of the right of access for hammering and ladder use.
A scaffold will also be set up in front of our door.
Since our facade is newly insulated, we fear damage because the scaffold will need to be fixed to it.
The repair work will be carried out from our roof.
Our roof is old, and we are concerned about possible damage caused by the workers.
The most problematic issue is that the neighbor wants to insulate the gable wall side with almost 20 cm (8 inches) thick material, which would extend onto our property! This would affect us in the event of our own roof renovation later, as his insulation would then have to be removed. This would be costly because our roof is lower and would then have to connect to his facade, not to the insulation.
He has said he would pay for the removal through a vertical extension, but nothing is mentioned about renovation or removal costs.
We have generally been cooperative in such matters.
But the neighbor came to us with a document demanding that we sign a “toleration agreement.”
This feels a bit rushed... we need advice.
It’s also worth mentioning that over the past 20 years the neighbor has caused us a lot of trouble.
We had to reroute sewage pipes because he suddenly prohibited the use that had existed for 100 years. The pipes were connected together, but he would no longer tolerate it!
We almost lost sewage access for the lowest floor of our home, which cost us thousands.
We also had to have a completely new bathroom installed by a specialist company because it supposedly became “damp” on his side.
The list goes on—these situations have been unpleasant and expensive for us.
What would you do?
The neighbor’s gable is leaking and needs to be repaired.
It adjoins our roof.
We are aware of the right of access for hammering and ladder use.
A scaffold will also be set up in front of our door.
Since our facade is newly insulated, we fear damage because the scaffold will need to be fixed to it.
The repair work will be carried out from our roof.
Our roof is old, and we are concerned about possible damage caused by the workers.
The most problematic issue is that the neighbor wants to insulate the gable wall side with almost 20 cm (8 inches) thick material, which would extend onto our property! This would affect us in the event of our own roof renovation later, as his insulation would then have to be removed. This would be costly because our roof is lower and would then have to connect to his facade, not to the insulation.
He has said he would pay for the removal through a vertical extension, but nothing is mentioned about renovation or removal costs.
We have generally been cooperative in such matters.
But the neighbor came to us with a document demanding that we sign a “toleration agreement.”
This feels a bit rushed... we need advice.
It’s also worth mentioning that over the past 20 years the neighbor has caused us a lot of trouble.
We had to reroute sewage pipes because he suddenly prohibited the use that had existed for 100 years. The pipes were connected together, but he would no longer tolerate it!
We almost lost sewage access for the lowest floor of our home, which cost us thousands.
We also had to have a completely new bathroom installed by a specialist company because it supposedly became “damp” on his side.
The list goes on—these situations have been unpleasant and expensive for us.
What would you do?
N
nordanney28 Nov 2024 09:53House Grey schrieb:
We do not tolerate a 15cm (6 inches) encroachment on our roof You either did not read or ignored my response. In North Rhine-Westphalia (NRW), you basically have no rights in this matter.
According to § 23 a paragraph 1 of the Neighbor Law NRW, the neighbor must tolerate the encroachment if
- the construction work serves the purpose of thermal insulation on an existing building,
- a comparable thermal insulation cannot be carried out by other means with reasonable effort, and
- the encroachment does not or only insignificantly interferes with the use of the neighboring property. A significant interference is particularly assumed if the boundary is encroached upon by more than 0.25 m (10 inches).
H
House Grey28 Nov 2024 10:39nordanney schrieb:
You either didn’t read or ignored my response, right? In North Rhine-Westphalia (NRW), you practically have no rights to refuse.
According to § 23 a paragraph 1 of the Neighbor Rights Act NRW, the neighbor must tolerate the encroachment if
- the construction measure serves the thermal insulation of an existing building,
- comparable thermal insulation cannot be implemented by other means without disproportionate effort, and
- the encroachment does not or only insignificantly impairs the use of the neighboring property. A significant impairment is presumed especially if the boundary is overbuilt by more than 0.25 m (10 inches).
We will not agree to this wording unless the costs for dismantling and any consequential expenses are guaranteed to be covered for our own roof renovation.
Our roof connection cannot be linked to the planned insulation; dismantling would be necessary.
This involves costs.
This is a significant impairment.
N
nordanney28 Nov 2024 10:58House Grey schrieb:
We do not agree to this wording You don’t have to sign anything. Unfortunately, you just have to accept it or take action against it.
House Grey schrieb:
Our roof connection is not compatible with the planned insulation Have an expert confirm this, and your neighbor will need to plan and insulate differently if necessary (or pay for the reconstruction).