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Can a Building Owner Remove My Gutter? Understanding Your Rights under the Party Wall etc. Act 1996

Monday 23rd June 2025

If your neighbour is carrying out building works and you’ve been told that your gutter—or any other rainwater fitting—needs to be removed as part of the process, you might wonder: “Can they really do that?” The short answer is no—not without proper procedures and your protection in place.

At Tayross Associates Ltd, we regularly advise both Building Owners and Adjoining Owners on their rights and obligations under the Party Wall etc. Act 1996. This article clarifies where the law stands when it comes to removing or altering gutters, downpipes, and similar features—especially when they sit across or near the boundary line.

Oversailing Gutters: A Common Scenario
It's not unusual for rainwater goods—like gutters or eaves—to slightly oversail a neighbour's land, especially on older properties. While this may technically be a trespass in property law terms, the Party Wall etc. Act 1996 does not give the Building Owner the automatic right to remove them during their construction works.

Whether shared or not, these features remain the property of the Adjoining Owner. Their removal without consent or a formal Party Wall Award may lead to a dispute or a claim for damages.

What the Law Says: The Party Wall etc. Act 1996
The Party Wall Act provides a framework for resolving disputes relating to certain types of building work that affect neighbouring properties. If a Building Owner's works require the temporary or permanent removal of a neighbour’s guttering or rainwater goods, they must follow the correct process:

1. Notice Must Be Served
Before works begin, the Building Owner must serve a Party Structure Notice or Line of Junction Notice, depending on the nature of the work. If the works are likely to affect your property or any elements attached to it, this includes your gutters—even if they oversail.

2. Consent or Dispute Resolution
If the Adjoining Owner (you) does not consent, the matter proceeds under the Act’s dispute resolution procedure, where surveyors are appointed and an Award is made.

3. Duty to Make Good (Section 7(2))
The Building Owner is under a legal duty to make good any damage caused by the works. This includes:

a. Reinstating any removed guttering;
b. Re-routing drainage if the original setup is no longer feasible;
c. Covering the cost of any necessary alterations or repairs.

Design Responsibility: Consideration, Not Convenience
It’s important to note that just because a gutter projects beyond the boundary, it doesn’t mean the Building Owner can ignore it. A responsible design should aim to accommodate or preserve existing drainage. If that’s not possible, an alternative arrangement must be provided at the Building Owner’s expense.

What Happens if They Remove It Without Consent?
If a Building Owner removes your gutter without:

- Serving notice,
- Obtaining consent, or
- Providing proper reinstatement,

you may be entitled to:
- Compensation under Section 7(2) of the Act,
- An injunction to stop the works,
- Or the appointment of surveyors to resolve the dispute through an Award.

Tayross Associates Ltd – Here to Help
At Tayross Associates Ltd, we’ve helped countless clients navigate the complexities of party wall matters—including disputes involving rainwater goods, shared boundaries, and oversailing features.

Whether you’re a Building Owner planning construction, or an Adjoining Owner protecting your property, our experienced Party Wall Surveyors ensure compliance, clarity, and peace of mind every step of the way.