Legal rights boundary wall vents

[Drastic]

Hello I was looking for some advice. We have built an extension to our terraced house. We knocked down a boundary wall to our neighbour and rebuilt it newly. We are now at the end of the build and have cored out 4" Wall vent holes through this wall. We are totally compliant with building regs as to positioning of these vents, but the neighbour has decided she doesnt want these vents there. We have tried explaining to her that they will be no problem to her etc. but no use. I have now received a solicitors letter from her stating that we have 7 days to give an agreement in writing that we will block these vents! Can anyone give advice?

 

[murphaph]

Are they just breather vents or are you planning on venting your extractor fan fumes out of them? Presumably your neighbour is concerned it's the latter and they might be faced with the smell of chip fat every evening?

Edit: I'm presuming if the neighbour didn't object to your knocking the party wall in the first place that they are quite reasonable people and could be talked to? I'd advise trying to talk to your neighbour reasonably rather than going to a solicitor first.

 

[Drastic]

They are extractor vents for bathroom and Kitchen, The mechanical extraction of these units is so small that they are considered as passive vents.
As regards reasonable neighbours. My builder explained exactly what these vent were and what they do. I wasnt living in the house at the time, and she never contacted me about it. She had my contact no. etc. She then decided we weren't doing it..end of story. She demanded that we dont enter her property (the fence is down at the moment as we are putting up a new one after the build. Within the next couple of days she walked directly into my property with a complete stranger who she said was an architect. Only the labourer was there at the time so he kicked them out. I have tried diplomacy etc, and it hasnt worked! I might be willing to move these vents to come through the roof if she'll cover the expense of it.... But I dont think she will!!

 

[twofor1]

I think your neighbour is right to object to these vents, as with them they or any future owner could never use this party wall if they wanted to extend, as they would be blocking your vents. This would also devalue their property because of this. It's unreasonable to put vents in a party wall for this reason.

Why not go front back or up with these vents.

 

[Drastic]

This is not a party wall, as it is on my boundary, and if they wanted to use this wall I would have to give them permission to tie into the wall. Which I have already agreed that I would. (They have no intention of building there)Also the wall is actually within my boundary as the angle of the wall has changed so she will gain a wedge shaped piece of land. We have explained every single bit of this build to them. They also got their roof replaced at the same time by our contractor, at a considerable saving to them!

 

[murphaph]

Regardless of whether it's a party wall or not, the neighbour has a right to be concerned that their potential patio is to be in the path of your extractor fumes. You might move out and rent the house to a load of people who cook strong smelling food like curry. They could do diddly squat about it by then.

If the vents are all in ccordance with building regs and planning permissions however, and they re not embedded in a party wall, how can your neighbour legally object?

I am puzzled though-you say you knocked a boundary wall and rebuilt it and now wish to put vents in it. Was this wall always entirely on your property? This would be quite unusual, especially in a terrace where most boundary walls would be party walls, regardless of who originally built them (I had my party wall blow down and although the previous owner of my house built it, my neighbours had to pay half the reinstatement costs as they were benefiting equally from the wall!).

 

[csirl]

I am puzzled though-you say you knocked a boundary wall and rebuilt it and now wish to put vents in it. Was this wall always entirely on your property? This would be quite unusual, especially in a terrace where most boundary walls would be party walls, regardless of who originally built them (I had my party wall blow down and although the previous owner of my house built it, my neighbours had to pay half the reinstatement costs as they were benefiting equally from the wall!).

Some good points.

If you knocked the party wall, the neighbour has a right to ask you to rebuild it in the original position which would probably make your vents thing academic as there is a minimum distance in planning rules that extension walls must be from party walls? You have to remember that planning laws and building regulations are not the same thing.

I would also be concerned about the repositioning of the wall the new wall will not conform with the legal registered boundaries of each property. Legally speaking your neighbour will not gain a wedge of land - in fact your neighbour will have the inconvenience of having part of your land on his/her side of the wall.

If I were your neighbour I would regard the repositioning of the wall and putting vents in it as taking liberties. Boundary walls should always be maintained in the correct position and should never be used for vents etc. without the agreement of all parties.

 

[TDON]

I think you should put them out facing your own back garden if at all possible. There would be nothing stopping her from blocking them up from her side, if she were bad enough. And if they are indeed for safety, you need them. Believe me when I say, that you have been incredibly lucky if this is the 1st bit of hassle you got from your neighbour and have managed to get the build up so far as this. There are loads of horror stories on these pages.

 

[davidoco]

............ I might be willing to move these vents to come through the roof if she'll cover the expense of it....

I can see that suggestion going down well

9 out of 10 neighbours would not want venting directly on to their property (mechanical or passive).

 

[noilh]

If I were your neighbour I would regard the repositioning of the wall and putting vents in it as taking liberties. Boundary walls should always be maintained in the correct position and should never be used for vents etc. without the agreement of all parties.

I thoroughly agree with the above. You should not put vents facing into your neighbour's property and you should pay for the re-positioning of them yourself - she is not in the charity business I'm sure!