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  • FIRST POST
    • calopez1
    • By calopez1 9th Jan 18, 3:12 PM
    • 5Posts
    • 3Thanks
    calopez1
    Neighbours' Extension Might Block Vents
    • #1
    • 9th Jan 18, 3:12 PM
    Neighbours' Extension Might Block Vents 9th Jan 18 at 3:12 PM
    Our semi-detached house has a wrap-around side extension containing (from the front) a garage, shower room, and kitchen. It was built around 1990, before we moved in. It goes up to the boundary line with our neighbours; on the other side of it is part of their front garden, driveway, and side access.

    There are vents from the kitchen and shower room extractor fans on the boundary wall of our extension. Shortly after we moved in, around 15 years ago, we installed a new boiler in the garage, and that added a further vent to the boundary wall, which sticks out probably less than six inches and is over 6 feet from the ground. I obtained the verbal agreement of our then neighbour for this – and I presume their permission was also granted for the other vents.

    Since then, as far as I am aware, the vents have not caused any problems – they’re all quite small and some way from our neighbours’ house. The house itself has changed hands a couple of times, and the current owners rent it out. In that time, no-one has questioned the positioning of the vents.

    However, about a year ago, the current owners obtained planning permission for a two-storey side extension, and I have just received notice that they intend to commence construction. The problem is that their extension will come right up to our own extension, and potentially block the vents.
    Can they do that? Can they force us to move the vents (unlikely to be easy or cheap) at our expense?

    Their surveyor has written to us to serve the party wall notice. Is it a good idea to agree to their surveyor being appointed as the ‘agreed surveyor’ or would it be better to find our own? (When the planning permission was granted, we received several letters from surveyors touting for business!)

    Apologies for the long post, but I wanted to try to explain the situation as best I can. Thanks to anyone who reads it all, and many thanks in advance for any advice!
Page 2
    • Nigel Stutt
    • By Nigel Stutt 12th Jan 18, 1:52 PM
    • 3 Posts
    • 0 Thanks
    Nigel Stutt
    Info on party wall disputes copied below , if I was you I would ask the next door neighbour to relocate his extension as you can make things very difficult for him by appealing to the county court etc if he disregards your right to access etc he really should have taken this into consideration during the design of his extension.
    What is a party wall dispute?

    A party wall dispute occurs when a Building Owner serves a notice that they intend to undertake building works under the Act, but the Adjoining Owner objects to the work or fails to respond to the notice.
    In this situation, the neighbours may each appoint a surveyor or jointly appoint a single surveyor to act for both. The role of the appointed surveyor (s) is to act impartially in the implementation of the Party Wall Act and to draw up a document that settles the dispute between the two owners in much the same way as a judge would in court. This legally binding document is referred to as an Award.
    The Award may relate to the works themselves, such as the extent of the works, restrictions on timing of the works, and any additional works that might be required. With cases that result in loss or damage suffered by the adjoining owner, the Award will also include the level of compensation payable.
    If either Owner disagrees with the surveyor’s Award then they may appeal this to the county court. Owners have 14 days to do this and the Award will only be overturned if the court feels that the surveyors have not abided by the dispute resolution procedure, set out in the Act.
    • teneighty
    • By teneighty 12th Jan 18, 2:08 PM
    • 1,070 Posts
    • 761 Thanks
    teneighty
    Info on party wall disputes copied below , if I was you I would ask the next door neighbour to relocate his extension as you can make things very difficult for him by appealing to the county court etc if he disregards your right to access etc he really should have taken this into consideration during the design of his extension.
    What is a party wall dispute?

    A party wall dispute occurs when a Building Owner serves a notice that they intend to undertake building works under the Act, but the Adjoining Owner objects to the work or fails to respond to the notice.
    In this situation, the neighbours may each appoint a surveyor or jointly appoint a single surveyor to act for both. The role of the appointed surveyor (s) is to act impartially in the implementation of the Party Wall Act and to draw up a document that settles the dispute between the two owners in much the same way as a judge would in court. This legally binding document is referred to as an Award.
    The Award may relate to the works themselves, such as the extent of the works, restrictions on timing of the works, and any additional works that might be required. With cases that result in loss or damage suffered by the adjoining owner, the Award will also include the level of compensation payable.
    If either Owner disagrees with the surveyor’s Award then they may appeal this to the county court. Owners have 14 days to do this and the Award will only be overturned if the court feels that the surveyors have not abided by the dispute resolution procedure, set out in the Act.
    Originally posted by Nigel Stutt
    What right to access? This has got absolutely nothing to do with the Party Wall Act.
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