Just purchases property, Neighbours Extracsion forbidding to add extention to my property.

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Hi All,

Hope you can help me with my issue. Please read below:

My query and a request for advice relates to my neighbours extension where it is concerning me that the ventilation extraction is coming out on my sid e of the property forbidding us to carry out any work to our property.

At the moment I am in the process of building a small 2 meter extension to my kitchen (wall to wall as this property is a terraced house) which will b e a little less than the length of my neighbours extension of 3.9 metres an d our only being 2 metres, but the main issue is the chimney hood extractio n has be placed on the wall joining our properties, therefore forbidding us to carry out any work at this stage.

My neigbours mentioned it would be our responsibility to finance the move o f the vent proceeding into our joint wall. I've had to stop the work curren tly being done at my property and costing me money with my builders.

I tryed to call my council (Hillingdon) but they didnt really provide any u seful information.

Any help and guidance would be much appreciated.

many thanks in advance.

[Tim Watts]

A diagram, in ascii art or sketched, photographed and posted to tinypic would be very useful...

[Malcolm G]

gut reaction says that reading up on the party wall act could be important

[Andrew Gabriel]

or even just extend the vent pipe with a bend to take it around and up out of your roof, but box it in with a sound-proof and fireproof construction, so nothing that happens in their side can transfer through into your building.

(Some of this depends if the wall has been built on the boundary as a party wall, or if it's on their side and just their wall.)

Some years ago, I came across a similar situation where a neighbour put a window into an extended party wall. That was not part of their planning consent, so the neighbour was allowed to brick up their side of it when they did their extension.

[Martin Bonner]

I think you mean "preventing"

Can I suggest posting this to uk.legal.moderated for an opinion on whether your neighbour is entitled to extract his kitchen into your garden?

[GB]

And ask your solicitor?

[Tim+]

Does his extension come right up to the property boundary? I would have thought that it was illegal/improper to discharge anything directly into a neighbour property boundaries like this.

I would start by making enquiries with your local council to check any plans and to determine when planning permission was sought and granted. If planning permission wasn't needed, I would have thought building control would still have something to say about it.

At the very least, it's f*cking inconsiderate.

Tim

[Brian Gaff]

I'd have thought building control should have been all over this like a (expensive) rash myself. Brian

[Fredxxx]

The property might have been built like this, where the neighbour might well have this right through established practice rather than encroachment. Boundary plans are also only nominal.

[Dave Liquorice]

Aye, check the orginal planning permission for his extension and the plans submitted. If the extraction vent is not on the plans it's their problem.

You'd probably be within your rights to just ignore it, block it up and build. But that really is not the way to go as it's likely to lead to litigation and the only winners there will be the lawyers. And you don't want to end up in a petty neighbour dispute.

One can't help wondering why you've got as far as building before noticing the vent. Who drew up your plans? No site visits by planners, architects, builders quoting, etc...

[Peter Johnson]

I might have been permitted development, in fact they both might be.

[charles]

permitted development doesn't get round Building Control or the Building Regulations.

[sm_jamieson]

e it is concerning me that the ventilation extraction is coming out on my s ide of the property forbidding us to carry out any work to our property.

o my kitchen (wall to wall as this property is a terraced house) which will be a little less than the length of my neighbours extension of 3.9 metres and our only being 2 metres, but the main issue is the chimney hood extract ion has be placed on the wall joining our properties, therefore forbidding us to carry out any work at this stage.

of the vent proceeding into our joint wall. I've had to stop the work curr ently being done at my property and costing me money with my builders.

useful information.

Certainly should have been sorted out earlier, but the best solution might be for you to finance the move of the vent, as long as a sensible design an d costing can be agreed. All depends on the layout of their kitchen, etc. Have you got a quote from your builders ? It might only be a few hundred qu id. Simon.

[Tim+]

I would offer to pay for anything before establishing whether the existing extractor meets building regulations. I strongly suspect that it doesn't.

Tim

[JimK]

/would/q ? Or wouldn't??

Jim K

[Tim+]

Indeed, should have been wouldn't.

Tim

[Fredxxx]

Why? In order to mitigate costs you could pay under protest with the right to request a refund if the neighbour had no right to net over your property?

At least you can then get on with things, and if he doesn't agree, just say he'll be saddled with the daily rate of the builder and labourers at £x00 per day?

[Tim+]

Why do all that before picking up the phone to the council and asking building control as to legality of it? Shouldn't take long.

If it's illegal advise the neighbour and give him a reasonable time to sort it out. It it is legal, then negotiate with the neighbour to re-site the extractor outlet.

Tim

[charles]

You might even find that the neighbour's extension was built without Building Control's knowledge.

[Fredxxx]

I would be surprised if it was done without BC.

If it was, it would be useful to look at the plans either way.