Help with leaks and roof problems

Questioner

We have a terraced house with a flat roof on the first floor for half of the house (shared with the neighbours). Here is a roof terrace (shared with the neighbours) accessible from the attic. The terrace is separated by a gate. Now we have a leak on the first floor, this comes from the roof terrace. Various insurance experts have looked at this but it is not possible to locate where exactly the leak is coming from. The advice is to have the roof completely replaced. There is bitumen on it that is already about 22 years old and therefore past its shelf life. Our neighbours do not want to cooperate in replacing the roof, as they do not have a leak. In our opinion, replacing half the roof is pointless, as it is highly unlikely that the leak will be fixed. In theory, it is also possible that the water will run underneath on their side and enter ours. How can we best tackle this and what is our legal position in this?

Lawyer

The question arises whether there is an environmental permit for the roof terrace. If this concerns a shared terrace/roof, you must also jointly pay for the costs. This will probably be discussed in more detail in the purchase agreement for the home. If you cannot reach an agreement, you may request a follow-up.

Lawyer

In order to get rid of it in one go for the future, it is best to have a separation made in the roof so that you can replace the roof covering on your side without the neighbours having to participate. Water from your neighbours' roof can then no longer drain away via your roof. You must first verify that the part of the neighbours' roof has its own drainage, and that there is no easement for drainage via your roof, otherwise you will be acting unlawfully towards your neighbours. It may also be the case that the roof covering can only be replaced in its entirety. There must then be an indisputable necessity to replace the roof covering, but then you can oblige your neighbours to cooperate.