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Dispute with neighbour over chimney

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Butterfly368
Butterfly368 Posts: 6 Forumite
in House buying, renting & selling
We're near the end of a loft extension build and after bumping into our neighbour, discovered they have made a complaint to the council and possibly instructed a solicitor. They are unhappy that there is no gap between the dormer and the shared chimney.
There is a section in the plans saying there should be a 40mm gap between chimney and timber. There is this gap but it's covered in tiles and there's flashing attached to our side of the chimney. The neighbour is unhappy that it looks ugly. The chimney is non-working to the best of my knowledge.
Any thoughts?!

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  • anselld
    anselld Posts: 8,282 Forumite
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    Party wall agreement in place?
  • Butterfly368
    Butterfly368 Posts: 6 Forumite
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    Yes but with provisos that builder contact them if any work different to plans which would affect their property. Neighbour then texted over another issue (one scaffolding pipe was about a foot over their boundary line (mid air) saying builder was not to make any contact with her. Builder cut pipe a couple of days later.
  • anselld
    anselld Posts: 8,282 Forumite
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    Probably wait and see what turns up then.

    The Council won't be interested unless there is a material difference between the plans and the build or a failure to meet building regs.

    Presumably it has, or will be, inspected for building regs compliance.
  • sammyjammy
    sammyjammy Posts: 7,389 Forumite
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    Wow sounds like a great neighbour :eek:
    "You've been reading SOS when it's just your clock reading 5:05 "
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    edited 20 October 2018 at 10:34AM
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    Butterfly368 wrote: »
    Any thoughts?!

    Don't let it get under your skin. Remain calm and polite. Looking ugly is hardly grounds for complaint.
  • FreeBear
    FreeBear Posts: 14,631 Forumite
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    Thrugelmir wrote: »
    Looking ugly is hardly grounds for complaint.

    If it were, countless carbuncles would not have been built in this country.



    (nearly said something about refused as a buyer or renter based on looks)...
    Her courage will change the world.

    Treasure the moments that you have. Savour them for as long as you can for they will never come back again.
  • EachPenny
    EachPenny Posts: 12,239 Forumite
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    Butterfly368 wrote: »
    The chimney is non-working to the best of my knowledge.
    Does the dormer have an opening window, and if so what is the distance (and relative height) between the window and the outlet of the chimney?

    If the chimney is still working then will her fire cause smoke and gases to enter your room?

    Also, will the dormer affect airflow around the chimney, and potentially reduce the draught or result in backdraughts? These could be things the neighbour might seek to make a (legitimate) claim over.

    This ought to have been something considered as part of the BR process....

    If the chimney is redundant then perhaps it would have been better to have it removed completely rather than trying to build a dormer up against it. Possibly the neighbour's angle about the result being 'ugly' is to get you to pay for the cost of removal of the chimney to make it look 'neater'?
    "In the future, everyone will be rich for 15 minutes"
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