Can I stop neighbour replacing tiles on shared roof with cheap ones in another colour? DEAN DUNHAM replies

I stay in a semi-detached home, so successfully share a roof with my next-door neighbours. 

They’re about to retile a part of their roof with tiles which can be a barely completely different color to the present ones that match mine. Do I’ve any authorized rights to cease this?

M. M., by way of e mail

Dean Dunham replies: House owners usually have the fitting to make adjustments to their property. 

However within the circumstances you will have described, there are 4 concerns that might curb this proper.

Firstly, if the brand new roof tiles considerably alter the looks of the property, your neighbour might have planning permission. 

That is particularly the case for those who stay in a conservation space or if the property is a listed constructing. 

In case your neighbour has utilized for permission you’ll have obtained a discover from the council. So for those who’ve not obtained such a letter, it probably means no permission has been obtained.

Secondly, any roofing work should adjust to constructing laws. This contains guaranteeing that the brand new tiles are appropriate for the construction and that the work doesn’t negatively impression your property.

Thirdly, whereas there isn’t a particular regulation requiring your neighbours to make use of the identical roof tiles, it’s usually advisable to keep up aesthetic consistency, and this generally is a issue if planning permission is required, as it is going to be a trigger so that you can object to the appliance.

Earlier than you are taking any formal steps, communicate to your neighbour and air your issues. As I all the time say, it is much better to resolve disputes with neighbours amicably. 

It’s possible you’ll discover that your neighbour had no concept that you’d be sad and will, subsequently, agree to make use of the identical color tiles. 

Nonetheless, in case your neighbour will not be so amenable and also you proceed to really feel strongly about this matter, the next step can be to contact the council to determine if planning permission has been granted.

If it has not, then this can be your alternative to place a spanner within the works. 

If permission is required, you’ll be able to object to the appliance when it’s made and doubtlessly affect your neighbour to vary their place.

Insurer claims I used to be negligent to drive in dangerous climate  

I hit a tree that had fallen within the street in the course of the latest storms. 

My automotive insurance coverage supplier says it can honour solely 50 per cent of my declare because it says I used to be negligent in driving in dangerous climate. What are my rights?

R. Bert, Devon.

Dean Dunham replies: Motor insurance coverage suppliers are more and more denying or partially denying claims on the premise that the insured was negligent. However they can not all the time implement it.

So as to take action, the insurer’s proper to disclaim claims on such grounds should be within the contract phrases that you simply signed and agreed to if you took out the coverage.

Take a look at the primary phrases to see if there’s a clause that requires the policyholder to take cheap care to keep away from accidents. 

This clause will give the insurer scope to argue you aren’t coated, or not absolutely coated, inside its coverage phrases if it believes you have been negligent – in your case since you drove in antagonistic climate circumstances.

If the coverage phrases don’t include a clause like this, the subsequent step to take is to take a look at the exclusions part or clause throughout the coverage wording. 

This may include a listing of issues or occasions that fall outdoors of your coverage, or in different phrases that you’re not insured for. 

Some insurance policies have particular exclusions for sure sorts of incidents or circumstances, and if that is so right here, it might give your insurer the fitting to solely honour a part of your declare.

In the end, if there’s a clause in the primary phrases, or certainly an exclusion that covers antagonistic climate, it can come right down to interpretation as as to if it applies to you. 

For instance, if the clause or exclusion refers to ‘extreme climate’, how extreme does it should be for this to use?

After you have ascertained what the coverage phrases say, inform your insurer that you don’t think about the climate to have been extreme sufficient to make you negligent.

If it continues to disclaim you a full payout, log a declare with the Monetary Ombudsman Service (financial-ombudsman.org.uk),

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