Can I have my Neighbour’s Flue Removed?

Question

We have recently purchased a house and are planning a small extension. The neighbour has an extractor fan venting from his extension into our yard which we don’t think is allowable? We are not sure if his extension is actually on/over our boundary.

Would you be able to look into this for us please and to then communicate with neighbour appropriately when the situation is clear? Is it easiest for you to come to see the situation?

Answer

The only way that the Party Wall Act could be utilised to have the flue removed is if it is projecting over the boundary and you intend to build a wall at that boundary as part of your proposed extension. However, if you exercise your rights under the Act to have the flue removed you must accept the burden of the cost (of relocating the flue).

The alternative would be to take action to have the flue removed as a trespass but you’d need to be sure that it had not gained rights due to the length of time it has been there. Before going down that route I’d suggest that you seek legal advice.