By Charlie the Roofer for Roofline · Published · Checked against the sources listed below
Start by getting a roofer's written report showing where the water gets in, then write to your neighbour enclosing a copy and setting a deadline. If they still won't act, you can claim on your own insurance, ask the council to use its powers, or claim against them for nuisance or negligence.
What should you do first if next door's roof is leaking into your house?
Get written evidence of where the water is coming in, then put the problem to your neighbour in writing. On Yorkshire terraces and semis, water from next door usually arrives at a shared point such as the join between the two roofs, a shared chimney stack or a gutter over the party wall. Water runs along felt and timbers before it drips, so a stain on your ceiling does not prove the fault is theirs. Our roof leak guide shows what you can safely check from the loft and the ground.
A roofer's dated report with photos is what every later step relies on. Roofline gives free inspections across Yorkshire and sends photos of what it finds, so you have a record to show your neighbour, your insurer or the council. Send a photo on WhatsApp to 07413 797731 or book a free inspection.
Then talk to your neighbour. GOV.UK advises trying to sort out a neighbour problem informally first, and contacting their landlord if they rent. Follow up with a short letter that encloses the report, says what you want done and gives a date, and keep a copy. If talking fails, GOV.UK suggests a mediation service before anything formal.
Can the council make your neighbour repair their roof?
The council can step in when a roof is dangerous, ruinous or a statutory nuisance, although it decides whether each test is met.
- Dangerous building. Under section 77 of the Building Act 1984 the council can ask a court to order the owner to make a dangerous building safe. If the owner does not comply, the council can do the work and recover its costs, and section 78 lets it act straight away in an emergency.
- Ruinous or dilapidated building. Section 79 of the same Act lets the council serve a notice requiring repair where a building's condition is seriously detrimental to the amenities of the neighbourhood.
- Statutory nuisance. GOV.UK says you can complain to your local council about a statutory nuisance. Where premises are in a state that is prejudicial to health or a nuisance, and the usual procedure under the Environmental Protection Act 1990 would cause unreasonable delay, section 76 of the Building Act 1984 lets the council give the owner nine days' notice, then do the work and recover the cost.
Send the council your roofer's report and a copy of your letter.
Can you make your neighbour pay for the damage?
You can if the damage came from their neglect or carelessness, either through your insurer or with a claim of your own. Citizens Advice says you could make a court claim against a neighbour on the grounds of nuisance or negligence, but treats court as a last resort after trying to settle.
If you claim on your own policy, Confused.com says your insurer could later pursue your neighbour or their insurer for the cost. It notes that a neighbour who knew about a leak and did nothing might be held responsible, which is why your dated letter matters, and that some policies include legal expenses cover. Our insurance claims guide covers claiming on your own policy.
If you go to court yourself, GOV.UK says a claim of £10,000 or less that your neighbour disputes goes to mediation first. It lists a court fee of £455 to issue a claim between £5,000.01 and £10,000.
If nothing works, a roofer can sometimes make your own side of the roof watertight at the junction, for example with new flashings, so your house no longer depends on next door's. Work on the party wall itself is different, and GOV.UK says you must give your neighbour notice before you do work on a shared wall.
What if a neighbour's tree or builder damaged your roof?
Liability turns on carelessness, not on whose tree it was. Citizens Advice says you could make a court claim against a neighbour on the grounds of nuisance or negligence, so the question is whether they were careless. A healthy tree blown over in a severe storm is a weaker case than one your neighbour knew was dying or damaged. GOV.UK says your neighbour is responsible for maintaining their hedges so they do not damage your property, and that you can trim branches or roots that cross into your property, but only up to the boundary. In a conservation area, or where a tree preservation order applies, you might need the council's permission first.
A builder is different when the job comes under the Party Wall etc. Act 1996, because section 7 says the building owner must compensate the adjoining owner for any loss or damage the work causes. Otherwise it comes down to whether the builder was careless.
Send us a photo on WhatsApp and we will tell you what we think it is and whether it needs a visit. Quotes are free and itemised.
Sources
- Building Act 1984, sections 76 to 79 (legislation.gov.uk)
- Party Wall etc. Act 1996, section 7 (legislation.gov.uk)
- GOV.UK: Resolving neighbour disputes
- GOV.UK: Make a court claim for money
- Citizens Advice: If there's a leak from a neighbouring property
- Confused.com: Will your home insurance cover neighbour damage? (updated 14 July 2025)
General information about roofing in England, checked against the sources above when published. It is not a substitute for advice about your own roof.
