is this legal?

regsmyth · 15 May 2009

A friends neighbours house wall forms the boundary between their properties (is it still a party wall if a garden on one side?).
The neighbour has planning permission to extend, which is fine, but the neighbour has fitted an extractor with it's outlet louvre plate cover thing on her side of the wall, belching out their pooey/steamy/cooking smells into her garden.
No party wall act has been invoked or discussed.
So what should she do?

Paul Barker · 15 May 2009

fill it with expanding foam

jefoss · 15 May 2009

at night turn it round opposite way then get some old fish and tape it to the outside

Paul Barker · 15 May 2009

core drill the wall just beside it and make a u bend.

D_Hailsham · 15 May 2009

regsmyth said:
A friends neighbours house wall forms the boundary between their properties (is it still a party wall if a garden on one side?).

If the boundary between the two properties is the face of the wall adjacent to the garden, it is not a party wall (Party Wall Act 1996)

The neighbour has planning permission to extend, which is fine, but the neighbour has fitted an extractor with it's outlet louvre plate cover thing on her side of the wall, belching out their pooey/steamy/cooking smells into her garden. So what should she do?

Speak to Building Control at the local council.

regsmyth · 15 May 2009

Ok thanks for that, so it's not a party wall, but even so, surely sticking your extractor into someones garden is ..... illegal? immoral? trespass?

D_Hailsham · 15 May 2009

regsmyth said:
surely sticking your extractor into someones garden is ..... illegal? immoral? trespass?

It could be a breach of Building Regulations, which is why I suggested contacting Building Control. Alternatively, it could be classed as a nuisance, in which case you would need a solicitor.

Have you friends raised the problem with their neighbours - assuming they do talk to each other?

ColJack · 15 May 2009

you are not allowed to dischage anything from your property onto a neighbouring property..

air vents / fans, gas flues etc should all discharge onto your own property..

Space cat · 16 May 2009

If the surface of the wall is the property boundary then the grill, unless recessed, is over the boundary and in your friend's garden.

mattylad · 16 May 2009

I'd suggest NOT filling it with foam, that could go against you.
However, you can put something in its way to block it, free standing/leant on the wall, a plate with thick foam (door/window sealing strip?) surround may well seal it.

Although expect further problems, if they are ignorant enough to do that then they are also going to be troublesome when they find out.

Deffo get LABC round to getthem to move it.

BTW, how long has it been there?

^woody^ · 16 May 2009

Its nothing to do with b/regs or the PWA.

It's and environmental health issue (EPA 1990) - statutory nuisance, and/or a trespass (of the smell/fumes)

Complain to the councils' environmental health dept, or take out a civil action for the trespass

regsmyth · 17 May 2009

Thanks for all replies.
Woody and Coljack I think you've hit the nail. It's a civil matter.
She will talk to them, but if it came to her asking her solicitor to write a letter/get involved, would the neighbour be liable for her solicitors fees, assuming she's in the right and it has to be moved?

Space cat · 17 May 2009

"regsmyth said:
if it came to her asking her solicitor to write a letter/get involved, would the neighbour be liable for her solicitors fees

The CAB will know the answer to that one - and they're free.

^woody^ · 17 May 2009

regsmyth said:
She will talk to them, but if it came to her asking her solicitor to write a letter/get involved, would the neighbour be liable for her solicitors fees, assuming she's in the right and it has to be moved?

She would engage a Solicitor at her own cost. Only if a case went to court would costs be recoverable by the winning party - and then normally, only if the claim exceeds £5k and is not allocated to the small claims track.

Normally civil actions for this type of claim are allocated to the small claims track where each party pays their own costs - and Solicitors are not needed.

Solicitors fees for neighbour disputes far outweigh the value of any claim

Contacting the councils' environmental health dept is the best recourse

gday2uk · 18 May 2009

I know it's the principle of the matter but really, is it that much of a nuisance problem? Do they cook aromatic food all day every day that interferes with your friends 'garden time'?
Grow some bamboo in front of it or something...

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is this legal?

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