Windows and Flue in Party Wall

[Marty Funkhouser]

A friend has inherited a property and finds that the neighbour has inserted 2 windows and a flue through the party wall. He wants to extend the rear of this property.

Can he ask the owner to remove them? they have been there for 10 yrs+ afaik.

All advice gratefully received.

[Marty Funkhouser]

So even if they've been there 25 years he can insist on them all being removed?

[Marty Funkhouser]

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.

Edited by Stegel on Saturday 19th April 19:52

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.