neighbours extension

bionic_banjo

Hi,
The neighbours should have served notice on the owner of your house under the party wall Act - and the vendors should have disclosed all of this info to their solicitor - and your solicitor should have advised you of the new extension & the party wall act arrangement (but I dont think its reasonable for a solicitor to know about gas flues). The idea of the party wall act is that things like flues, drains, rights of light etc can be sorted out before works begin- but from what you say works had already begun when you bought.
I take it the neighbours have given you the brush off?
If the Council arent willing to help (you could always try the environmental health section as its a flue??) then you could consider approaching your solicitor assuming they didnt advise you about the extension at all - they will have insurance.

If you get no joy there, you can take out a private action in nuisance for damages which is a bit of a heavy process, but from what I read you may get success that way. In nuisance you would seek for damages to cover the works etc etc and your costs in bringing the action to be covered too.

The only other thing I can think of is to approach your building insurers??? Have a good look at the wording and see if it might cover something like this. You never know....

Good luck

thesaint

milliondollarbaby wrote:

hi,
thanks for all the replies. the search did nt bring up anything. they had a garage which was further back so they ve extended by bringing the garage to the front of the property and then building on top. planning permission has been granted and both building regs and local planinng office both say that hes building on his land and is within his boundary and our flue is nt taken in to account. as its not something they look at.

How were they able to build within an inch of your building? My flue sticks out 5-6 inches out of my wall.