Windows and Flue in Party Wall
Discussion
something simialar on the planning war programme recently
i think the neighbour just built his extension, and said screw the windows
not a lot the owner of the windows could do
maybe offer to block them up, as a way of sweetening the deal
as ultimatley those windows i imagine should never have gone in
and that applies to the flue
worse case is i would argue that those windows were recent, and let the owner try and prove differently
i think the neighbour just built his extension, and said screw the windows
not a lot the owner of the windows could do
maybe offer to block them up, as a way of sweetening the deal
as ultimatley those windows i imagine should never have gone in
and that applies to the flue
worse case is i would argue that those windows were recent, and let the owner try and prove differently
First thing is to confirm that that the wall is indeed a party wall, as opposed to the external wall of the neighbouring property.
If the wall is indeed a party wall, there is no right, under the Party Wall etc. Act 1996, to create new window openings. Therefore the windows were either installed lawfully with the consent of the then current owner, or if no consent was obtained, then they were installed unlwawfully.
Unfortunately, in that situation your friend will probably need to seek proferssional advicce on the feasibility of getting the windows removed. If the windows have been in place for over 19 years and one day, they might have alrady acquired a prescriptive right to light, and in that case your friend might be stuffed.
If the wall is indeed a party wall, there is no right, under the Party Wall etc. Act 1996, to create new window openings. Therefore the windows were either installed lawfully with the consent of the then current owner, or if no consent was obtained, then they were installed unlwawfully.
Unfortunately, in that situation your friend will probably need to seek proferssional advicce on the feasibility of getting the windows removed. If the windows have been in place for over 19 years and one day, they might have alrady acquired a prescriptive right to light, and in that case your friend might be stuffed.
ker, I'd have stuck a fence up beside the lowest one.Mandat said:
First thing is to confirm that that the wall is indeed a party wall, as opposed to the external wall of the neighbouring property.
If the wall is indeed a party wall, there is no right, under the Party Wall etc. Act 1996, to create new window openings. Therefore the windows were either installed lawfully with the consent of the then current owner, or if no consent was obtained, then they were installed unlwawfully.
Unfortunately, in that situation your friend will probably need to seek proferssional advicce on the feasibility of getting the windows removed. If the windows have been in place for over 19 years and one day, they might have alrady acquired a prescriptive right to light, and in that case your friend might be stuffed.
The only problem i can see is that under building regs "no part of any extension shall protrude onto neighbouring land." The wall is on the boundary which says to me the soffit,fascia and guttering are hanging over your land.If the wall is indeed a party wall, there is no right, under the Party Wall etc. Act 1996, to create new window openings. Therefore the windows were either installed lawfully with the consent of the then current owner, or if no consent was obtained, then they were installed unlwawfully.
Unfortunately, in that situation your friend will probably need to seek proferssional advicce on the feasibility of getting the windows removed. If the windows have been in place for over 19 years and one day, they might have alrady acquired a prescriptive right to light, and in that case your friend might be stuffed.
I would also argue that under current GAS SAFE regulations the boiler flue is discharging over your property which is a no no. This could be remedied by fitting an extension kit but again will be over the boundary line.
EDIT... just seen picture has no guttering......where does the water go then?
Mandat said:
First thing is to confirm that that the wall is indeed a party wall, as opposed to the external wall of the neighbouring property.
If the wall is indeed a party wall, there is no right, under the Party Wall etc. Act 1996, to create new window openings. Therefore the windows were either installed lawfully with the consent of the then current owner, or if no consent was obtained, then they were installed unlwawfully.
Unfortunately, in that situation your friend will probably need to seek proferssional advicce on the feasibility of getting the windows removed. If the windows have been in place for over 19 years and one day, they might have alrady acquired a prescriptive right to light, and in that case your friend might be stuffed.
The only problem i can see is that under building regs "no part of any extension shall protrude onto neighbouring land." The wall is on the boundary which says to me the soffit,fascia and guttering are hanging over your land.If the wall is indeed a party wall, there is no right, under the Party Wall etc. Act 1996, to create new window openings. Therefore the windows were either installed lawfully with the consent of the then current owner, or if no consent was obtained, then they were installed unlwawfully.
Unfortunately, in that situation your friend will probably need to seek proferssional advicce on the feasibility of getting the windows removed. If the windows have been in place for over 19 years and one day, they might have alrady acquired a prescriptive right to light, and in that case your friend might be stuffed.
I would also argue that under current GAS SAFE regulations the boiler flue is discharging over your property which is a no no. This could be remedied by fitting an extension kit but again will be over the boundary line.
EDIT... just seen picture has no guttering......where does the water go then?
Some dangerous advice given in this thread.
Those windows most likely didn't need planning permission.
I guess they did not obtain building regs for the installation as they should total no more than 1m2 given their proximity to the boundary.
Overhanging the boundary is nothing to,do,with building regs.
Your first hope is that these windows provide secondary light to a habitable room , ie there is another window in the rear elevation , otherwise you could find it difficult to get approval to cover them .
Other than the windows , I would see the proposal l to extend into that space very straight forward.
Those windows most likely didn't need planning permission.
I guess they did not obtain building regs for the installation as they should total no more than 1m2 given their proximity to the boundary.
Overhanging the boundary is nothing to,do,with building regs.
Your first hope is that these windows provide secondary light to a habitable room , ie there is another window in the rear elevation , otherwise you could find it difficult to get approval to cover them .
Other than the windows , I would see the proposal l to extend into that space very straight forward.
Have you tried having a chat with the neighbour and explain that you want to out up an extension like his and ask him what does he want to do about the windows and vent? Let him come up with a solution. BTW, is the glass in the windows clear or obscure? If the latter might be easier for him to lose the light it gives him. As for the vent, there's no reason why he can't trunk it along inside his house or up through the roof or even move the boiler to another outside wall.
If he gets all bolshie and says the old chap said it was OK to build it like that ask to see the written agreement. As we all know a verbal contract's not worth the paper it's not written on.
Of course I bet the local planners didn't agree to that though
If he gets all bolshie and says the old chap said it was OK to build it like that ask to see the written agreement. As we all know a verbal contract's not worth the paper it's not written on.
Of course I bet the local planners didn't agree to that though
Salesy said:
The only problem i can see is that under building regs "no part of any extension shall protrude onto neighbouring land." The wall is on the boundary which says to me the soffit,fascia and guttering are hanging over your land.
I would also argue that under current GAS SAFE regulations the boiler flue is discharging over your property which is a no no. This could be remedied by fitting an extension kit but again will be over the boundary line.
EDIT... just seen picture has no guttering......where does the water go then?
Projecting over the boundary line is not a Building Regulations issue, and rather it is a common law trespass. I would also argue that under current GAS SAFE regulations the boiler flue is discharging over your property which is a no no. This could be remedied by fitting an extension kit but again will be over the boundary line.
EDIT... just seen picture has no guttering......where does the water go then?
I don't know about the Gas Safe requirements in relation to the flue, but the projection over neighbouring land is also a tresspass issue.
I assume that current gas safe regs cannot be retrospectively applied so wouldnt matter in this case.
I know when I had my combi boiler put in there was a lot of umming and ahhing as it vents into the space between our house and next door and its only about 3ft wide. I recall that in the end they could install it as the regs that would prevent it didnt come into force until a week or two after the install.
I know when I had my combi boiler put in there was a lot of umming and ahhing as it vents into the space between our house and next door and its only about 3ft wide. I recall that in the end they could install it as the regs that would prevent it didnt come into force until a week or two after the install.
The Party Wall act is nothing to do with this situation.
If the window openings (not necessarily the frames - they could be replacements for older frames) have been there for at least 20 years, the adjoining owner will have gained a right of light. If less than 20 years have elapsed, notice needs to be given to stop them acquiring the right, or else there will be no possibility of extending over them.
Similarly, the flue discharging across the property boundary is in danger of creating an easement.
If it were me, some enquiries of the planners, study of old maps etc would be a priority to prevent any plans to extend being completely frustrated.
If the window openings (not necessarily the frames - they could be replacements for older frames) have been there for at least 20 years, the adjoining owner will have gained a right of light. If less than 20 years have elapsed, notice needs to be given to stop them acquiring the right, or else there will be no possibility of extending over them.
Similarly, the flue discharging across the property boundary is in danger of creating an easement.
If it were me, some enquiries of the planners, study of old maps etc would be a priority to prevent any plans to extend being completely frustrated.
Edited by Stegel on Saturday 19th April 19:52
Stegel said:
The Party Wall act is nothing to do with this situation.
If the window openings (not necessarily the frames - they could be replacements for older frames) have been there for at least 20 years, the adjoining owner will have gained a right of light. If less than 20 years have elapsed, notice needs to be given to stop them acquiring the right, or else there will be no possibility of extending over them.
Similarly, the flue discharging across the property boundary is in danger of creating an easement.
If it were me, some enquiries of the planners, study of old maps etc would be a priority to prevent any plans to extend being completely frustrated.
Have checked and there seems to be no planning permission for a double height rear extension, only for a single height rear extension. He has spoken to the neighbours who have made it clear they do not want to lose the windows.If the window openings (not necessarily the frames - they could be replacements for older frames) have been there for at least 20 years, the adjoining owner will have gained a right of light. If less than 20 years have elapsed, notice needs to be given to stop them acquiring the right, or else there will be no possibility of extending over them.
Similarly, the flue discharging across the property boundary is in danger of creating an easement.
If it were me, some enquiries of the planners, study of old maps etc would be a priority to prevent any plans to extend being completely frustrated.
Edited by Stegel on Saturday 19th April 19:52
He has reported the apparent breach of planning and is awaiting the result.
Marty Funkhouser said:
Have checked and there seems to be no planning permission for a double height rear extension, only for a single height rear extension. He has spoken to the neighbours who have made it clear they do not want to lose the windows.
He has reported the apparent breach of planning and is awaiting the result.
How long have the windows been there, as they may already have acquired a right of light by prescription? (longer than 19 years and 1 day is the usual rule).He has reported the apparent breach of planning and is awaiting the result.
If your friend really want to extend their property along the party wall line, they should consider serving a Light Obstruction Notice to teh neighbours, which will formally prevent the windows acquiring a right to light (if not yet too late) and will also demonstrate to the neighbours that your friend is serious about protecting and enforcing their own property rights.
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