ᐅ Costs for Removing Neighbor’s Roof Overhang. Who Is Responsible?

Hello,
our situation is as follows:

We are extending an already existing semi-detached house. The existing house has a roof overhang at the future shared wall, which—logically—is located on our land.

Now this roof overhang needs to be demolished or shortened so that our house can connect properly.

Who is responsible for the costs?
Our neighbor says it is not his concern, but we do not fully agree since he has actually extended beyond his property line. Not to be misunderstood, we are not arguing, but we are interested in how this situation is generally handled.

Thank you,
Hilaria

How can a semi-detached house have a roof overhang on the "blind" side, meaning the side where another house is supposed to be built later? Who builds something like that? My gut feeling says, well done, neighbor, but they probably have to dismantle and pay for it so that another house can be attached. You can’t build a semi-detached house in a way that no second half can be added.

But that’s just my opinion; I have no idea what is legally correct.

Yes, exactly, that is how it was built, and now the question arises as to who will cover the cost of the dismantling. We also believe that this should actually be the neighbor’s responsibility, but we are not certain.

Hello,

Hilaria schrieb:
we are extending an already existing semi-detached house. The existing house has a roof overhang on the future shared wall, which - logically - is located on our “property”.

This happens more often than generally assumed; especially, if a semi-detached neighbor is not expected soon, the first homeowners often choose this option for aesthetic reasons. You will know for sure when the preliminary site plan is prepared whether the neighbor “only” built over the roof overhang or if the external thermal insulation composite system (ETICS) / render on the party wall still needs to be removed.

Hilaria schrieb:
Does this roof overhang have to be removed or shortened so that our house can connect properly? Who pays for these costs? Our neighbor says it’s none of his business, but we don’t quite agree since he actually extended beyond his property line. No misunderstanding, we are not arguing, but we would be interested in how this matter is generally handled.

The neighbor seems to be quite a confident character

The neighbor is the owner of his property and therefore responsible for respecting the building boundaries. If he does not comply – in this case the encroachment of the roof overhang – it is his obligation to restore the building boundary.

You can offer him that your roofer removes the encroachment and installs the proper connections, provided he covers the costs. If he agrees, he should give your roofer a contract; your neighbor is obliged to carry out the dismantling! If he remains obstinate, politely inform him that you will refer the matter to the relevant building authority or planning department for clarification.

Best regards

Thank you, construction expert. According to your statement, the existing insulation does not need to be removed. We also find it a bit bold, but as mentioned, we do not want to start off with disagreements since we are somewhat dependent on the goodwill of our neighbors. However, the friendly reminder that it is actually their responsibility and that we are contributing for the access to electricity and water should be acceptable.

Thank you,
Hilaria

My parents-in-law had a legal dispute with their neighbor because of this. They lost the case in court, but I believe the situation was somewhat different from what has been described here. Unfortunately, it’s not possible to have a reasonable conversation with every neighbor. And my father-in-law’s diabetes forbids him from getting upset.