Let me give you a general answer based upon the amount of information I currently have.
I agree with you, you are being bullied.
They cannot modify your roof without your consent.
What they can do of course under the terms of the Party Wall Award (agreement by a different name) is cut into the party wall.
I would have suggested that you do exactly what you have done and that is to ask him to point to the section of the Party Wall Act which says he can do this or the section of any other statute. Make sure that is in writing and tell him that in the absence of that, you are of the opinion that he is bullying you and that if he doesn’t back down, you will report him to his regulatory body, “conduct likely to bring his profession into disrepute”.
You are correct that a Party Wall Award is a legally binding document but a document is not legally binding if it’s defective. It depends whether the defect strikes to the very heart of the agreement and what the defect is in the agreement.
So I do not agree that it grants absolute consent. Let’s exaggerate to prove the point. Let’s say that the agreement was flawed to the extent where if it went ahead, the building would for down. It is obviously not absolutely binding notwithstanding any claim in common law negligence. It’s just a matter of degree and how far the defect goes.
If you suspect that they are going to interfere with your roof without your consent, you would be entitled to apply to court for an injunction on an emergency basis to prevent that and you would be entitled to ask the court to award costs against the interfering party. If you suspect that they would go ahead and do that regardless, you could actually make the application to court on an emergency basis now if they will not confirm to you, in writing, that they will not go ahead with this.
An application on an emergency basis can be made without notice which means that you just go ahead and do it. You need to make the threat. You may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually the need to get to court.
Check your house insurance to see if you have legal expenses cover that would pay for the legal cost of taking this to court. Unlikely, but do check.
If they do go ahead without so much as by your leave, then there is a claim against the neighbour in trespass, common-law nuisance, and potentially criminal damage although don’t expect the police to be interested. You would be entitled to the cost of putting everything back how it was.
I am glad to help.
Hopefully, I have answered your query in a way that is simple and easy to understand.
I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.
I am happy to answer any specific points arising from this.
Please be aware that my answer is based strictly upon the information you have given me.
If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.
I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.
You don’t need to do it on this thread, just a new thread. You have me exclusively on this one.