I live in a semi-detached house, so effectively share a roof with my next-door neighbours.
They are about to retile part of their roof with tiles that are a slightly different colour to the current ones that match mine. Do I have any legal rights to stop this?
M. M., via email
Dean Dunham replies: Householders generally have the right to make changes to their property.
But in the circumstances you have described, there are four considerations that could curb this right.
Firstly, if the new roof tiles significantly alter the appearance of the property, your neighbour may need planning permission.
This is especially the case if you live in a conservation area or if the property is a listed building.
If your neighbour has applied for permission you will have received a notice from the council. So if you’ve not received such a letter, it likely means no permission has been obtained.
Secondly, any roofing work must comply with building regulations. This includes ensuring that the new tiles are suitable for the structure and that the work does not negatively impact your property.
Thirdly, while there is no specific law requiring your neighbours to use the same roof tiles, it is generally advisable to maintain aesthetic consistency, and this can be a factor if planning permission is needed, as it will be a cause for you to object to the application.
Before you take any formal steps, speak to your neighbour and air your concerns. As I always say, it is far better to resolve disputes with neighbours amicably.
You may find that your neighbour had no idea that you would be unhappy and may, therefore, agree to use the same colour tiles.
However, if your neighbour is not so amenable and you continue to feel strongly about this matter, your next step will be to contact the council to ascertain if planning permission has been granted.
If it has not, then this may be your opportunity to put a spanner in the works.
If permission is needed, you can object to the application when it is made and potentially influence your neighbour to change their position.
Insurer claims I was negligent to drive in bad weather
I hit a tree that had fallen in the road during the recent storms.
My car insurance provider says it will honour only 50 per cent of my claim as it says I was negligent in driving in bad weather. What are my rights?
R. Bert, Devon.
Dean Dunham replies: Motor insurance providers are increasingly denying or partially denying claims on the basis that the insured was negligent. But they cannot always enforce it.
In order to do so, the insurer’s right to deny claims on such grounds must be in the contract terms that you signed and agreed to when you took out the policy.
Look at the main terms to see if there is a clause that requires the policyholder to take reasonable care to avoid accidents.
This clause will give the insurer scope to argue you are not covered, or not fully covered, within its policy terms if it believes you were negligent – in your case because you drove in adverse weather conditions.
If the policy terms do not contain a clause like this, the next step to take is to look at the exclusions section or clause within the policy wording.
This will consist of a list of matters or events that fall outside of your policy, or in other words that you are not insured for.
Some policies have specific exclusions for certain types of incidents or conditions, and if this is the case here, it may give your insurer the right to only honour part of your claim.
Ultimately, if there is a clause in the main terms, or indeed an exclusion that covers adverse weather, it will come down to interpretation as to whether it applies to you.
For example, if the clause or exclusion refers to ‘severe weather’, how severe does it have to be for this to apply?
Once you have ascertained what the policy terms say, tell your insurer that you do not consider the weather to have been severe enough to make you negligent.
If it continues to deny you a full payout, log a claim with the Financial Ombudsman Service (financial-ombudsman.org.uk),
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