Property

My neighbours have connected their upstairs bathroom to my drainpipe

Property clinic: The seemingly harmless building error could be an issue when selling

Builders sometimes have a way of finding a ‘work around’ that may not always pass the compliance test. File photograph: Getty

Wed May 18 2022 - 06:00

My next-door neighbours recently did some renovations on their house. They have a flat-roofed extension beside me. I’ve noticed that the pipe coming from their bathroom upstairs has been moved from their downpipe leading to their shore and has been placed in the pipe leading to my shore. So now when they shower or use their hand basin the wastewater is going down my shore. Effectively both my bathroom and their bathroom now share the wastewater pipe.

My main concern is, would this be an issue if I was selling my house? I’m very concerned that this would create a problem that would prevent me selling my house as I may move house in the near future. Would a surveyor consider this a problem when surveying a house for a buyer?

I expect to resolve this issue with my neighbour, as they are reasonable people, but I wanted to find out if it even would be a problem if either of us were selling.

Noel Larkin replies: It is generally not permitted to discharge wastewater, be it foul water from showers, toilets, wash-hand basins and the like, or surface water from roofs, on to an adjoining property. However, the situation you have described is not uncommon. Builders sometimes have a way of finding a "work around" that may not always pass the compliance test. Regrettably, convenience can sometimes be put before compliance. Your neighbour may not even be aware of the situation.

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Recently the National Building Control and Market Surveillance Office issued guidelines to building control officers around the country advising that they should seek compliance documentation for small projects and “S.I. 365 opt-outs” (projects that have opted out of the requirement to appoint an assigned certifier).

The request sought to strengthen compliance as these projects are where most non-compliant works are now being encountered. The opt-out does not give you the discretion to either comply with regulations or not. This is sometimes misunderstood. You must still construct in compliance with the building regulations. The surveillance office fears the emergence of non-compliant works in the future, possibly requiring another bailout by the hard pressed taxpayer. That’s something we definitely do not need.

The simple building error or “shortcut” you have described – although seemingly harmless – could, as you fear, lead to an issue when selling your property in the future. The connection by your neighbour to your waste pipe creates a potential easement over your property and this could affect “clean title”.

Any question over title can animate the legal profession and deter lending institutions when asked to approve a mortgage on a property. The unauthorised connection could also limit proposed alterations to your home if the waste connection from next door needed to be kept working.

You’re lucky that your neighbour is approachable and reasonable. This type of issue can sour a long-standing good relationship. It is important that such matters are dealt with swiftly before the arrangement becomes the status quo. I’d advise you to contact your local chartered building surveyor and ask them to have a look. Following the consultation, you will be better placed to explore potential solutions with your neighbour.

  • Noel Larkin is a chartered building surveyor and a member of the Society of Chartered Surveyors Ireland, scsi.ie
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