neighbour's extractor fan

[poll]

The boundary of my property is at my neighbour's house wall. Her kitchen extractor fan has been vented through this wall for some time and when the fan is on the vent flaps open directly into my property and it causes a real nuisance with cooking and cigarette smells coming straight onto my patio and then into my house through any windows I have open.

Last summer, realising that an extension and extensive renovations to the property were imminent, I went next door and, trying to keep things amicable, pointed out that the smells were causing a problem and asked if the owner would reposition the vent elsewhere when the kitchen was reorganised.

The building work has now almost finished- planning permission took longer than expected- but the extractor vent has not been altered and the smells continue. The architect involved has written to me to say that it was not possible to re-site the extractor (unlikely as the kitchen is enormous!) and sitting outside is not possible for me and mine when the extractor is on- plus it has been murder in the hot weather with all windows closed!

Does anyone know if there rules about the positioning of extractor fan vents? Thanks

[Robert Laws]

Not sure about rules. Was it there when you bought the house?

Solution: What about fixing some ducting over the vent to lead the smells a long way up? You could either do this by asking her if you can fix it to the wall or you could just do so anyway.

Robert

[romic]

Does this mean that the vent flaps are actually on/over your property when open?

If that's the case, Personally, I'd position something directly in front of the vent (can't fix anything to the wall if the wall is their property) so that it prevents the flaps opening / blocks the vent.

Roger

[Bob Minchin]

What like a bigger fan blowing it all back in??

Bob

[Robert Laws]

ROFL! excellent!

R

[Cicero]

==========================================

Try a call to your local Council describing the nuisance. They probably have quite limited powers but it's doubtful if they would pass plans which actually created a nuisance or allowed one to continue.

A bit of inconvenience for your neighbour's (lazy / inconsiderate) architect is not a legitimate reason to dump their odours into your home.

Cic.

[Chris George]

Dear Polly You have the right to reasonable enjoyment of you property anyone disturbing that constitutes a nuicance in law

You could take this further by law and it will end up costing you a fortune in time or money if you are foolish enough to use a solicitor other than for technical advice to take the matter in hand as a litigant in person

The advice to go to the council is good advice

Ask the BCO to investigate whether or not it complies with BR (it probably does) with the escape of fumes being directly into your property If there is ANY fixing on the outside of the line of her wall you can ask her to take it off and if she does not give notice that you will Make sure to give it back to her like you would any branch cut off!

This all presumes that you have failed to do it amicably which is the best way Go back to the Architect and point out that unless it IS changed you will have the right to erect a 'fence' 0.0000001 mm from her wall right over her vent and you give notice that you will You can then point out that his design will in that case not work and advise by copying to her that she should not pay him/her until it does work!

If they persist you are quite within your rights to install a duct and fan to extract her stuff and duct it back to point at but not over her garden fence just by a window or door she will want to use. You do not intend to do this but this is what you could do and will then now please go and be reasonable?

Chris

[romic]

I hadn't thought of that - perhaps the fan could vent the toilet or stench pipe :-)

Roger

[Dave Plowman (News)]

Get a large pedestal fan and position it so it's blowing into the outlet. Maybe with a shroud around it to direct the flow. If the neighbour's wall is your boundary you're entitled to site it just about touching.

If a reasonable request gets ignored show them what you're suffering.

[Roger Mills]

If, as a neighbour, your are impacted by the building work, the council should have consulted you about the planning application, giving you an opportunity to object or comment. Did they? If so, did you ask them to ensure that the plans including re-siting the extractor before they were passed? If not, why not?

[OG]

Unfortunately not, I think* the law gives you a right to the 'peaceful' enjoyment of your property, and smells are not in themselves something that impinges on your 'peaceful' rights. There is protection against some smells, but only from 'industrial, trade or business premises', which makes it a statutory nuisance under the 1990 Environmental Protection Act, and with which your local authority is (I believe) duty bound to assist you.

• IANAL

I think the point is that the architect did nothing with the vent, so cannot be responsible for the lack of change.

[Hugo Nebula]

On Tue, 11 Aug 2009 03:05:45 -0700 (PDT), a certain chimpanzee, Chris George randomly hit the keyboard and produced:

It complies, in that there's nothing in the Approved Document to say where an outlet should or shouldn't discharge. I've had similar cases before. The best I can do is to point out to the owner that if their neighbour ever did build something against their wall, they'd block the ventilation.

I'm sure that outlet is ugly, so you'll want to put some trellis against their wall with some climbing plants on it, won't you?