Extension and "party wall" If you want to know how your DIY projects could be affected by building and planning regulations, click here to post questions and view answers

[Hamant]

I have obtained planning consent for a rear "in-fill" extension that will require beams to go into the adjoining wall with the neighbour. The neighbour contacted a surveyor and we were going down the party wall award process with the surveyor acting for both parties.
The neighbour has now stated that it is his wall and he does not want it to be touched. This wall is basically a continuation of the wall that both our properties are joined onto.
What rights does he have or I have ?

Many thanks

[welsh brickie]

its very difficult to resolve party wall problems ,its equal rights to each party,if he does not want you to touch that wall,its best not to!
You can argue the toss and go back and forth with surveyors reports and legal costs,its just not worth it.
Build a wall infront of it,

[Hamant]

Thanks for that.

Some have suggested building a wall in front - but could that lead to damp problems because of the (small) gap betweeen the walls ?

Thanks again

[welsh brickie]

you can seal the top of the wall but leave the gap open for air 2 circulate to stop damp.Or insulate between the walls and seal it all together.

[Hamant]

Brickie Many thanks.

So I have agreed to build a wall but now there is the air vent (from neighbour's kitchen chimney hood) that will be blocked.

What rights do I have ?

In the interests of neighbourly relations I was going to offer to pay & install a new recycle type hood. Any thoughts ?

Thanks

[welsh brickie]

they have no legal right to force you into paying for a new cooker hood,but I would install a flexible duct and vent it through the top of the wall,you can cut the blocks in the wall to accomadate it.

[Hamant]

Thanks Brickie

Does the neighbour have the right to continue to vent kitchen fumes into my space ?

I'd rather not have to accomodate this. Any thoughts ?

Thanks again

[welsh brickie]

no he doesnt have the right to vent onto your property,But for the sake of relations I would just fit the duct,bite yer lip its just not worth the agro...

[Hamant]

Thanks Brickie

I'm pretty annoyed that we have to deal with their exhaust fumes. One suggestion has been to duct it through a pipe that would appear above the new extension roof. What a cheek as well as unsightly !

Another is to duct it horizontally through the cavity of my new wall and let it come out there.

Still annoying as the smells may well drift into the extension when doors are open. An elbow pipe could be added to direct the smells into his garden shed. Not sure how that would go down....

Thanks