Loft extension built next door without extending my chimney

[Fran QVC]

A loft extension was built next door in 2013, we moved into our home in 2017 and have recently had a survey to get a log burner fitted only to find the loft extension next door is blocking our chimney which now sits half way up their wall and we will need to extend to above their roof costing approx £1k. From reviewing their building plans, they do include moving existing chimney to sit above roof height (but I assume this was only their chinmey as ours was left in situ)

Can anyone advise what rights we have? Are they liable to fix this?

 

[^woody^]

Can anyone advise what rights we have?

None.

Should have dealt with this before you purchased.

 

[Nakajo]

Do wonder the previous owner's Party Wall Surveyor was thinking though.

 

[Fran QVC]

Unfortunately it’s only just come to light. When we bought the house the surveyor didn’t go up on the roof.

 

[^woody^]

I suppose you could tell them to remove the soil vent pipe and satellite dish, as a retaliatory gesture.

 

[^woody^]

Do wonder the previous owner's Party Wall Surveyor was thinking though.

"Kerr-ching" probably.

 

[Fran QVC]

Should the pipe and dish not be there? Is that side of the wall classed as mine?

I’m hoping when extending the chimney I can fix it to the wall (hope the neighbours will allow it since they have caused the issue) otherwise they can put support in place on my roof

 

[wessex101]

I'm not so sure. Unless they had written permission to effectively render the chimneys redundant I would think the neighbour is on a sticky wicket and I would like to think it is still actionable. Just because no one noticed for 5 years doesn't make it OK. Similarly the trespass caused by the soil and vent pipe and the satelite dish. I've got a funny feeling there is no cut off date for party wall disputes but I could well be wrong on that.

If the original plans said "move existing chimney" I would take that to be the whole chimney for both properties not just the half on the neighbour's side.

 

[Fran QVC]

Thanks, that gives me a few things to think about.

The only time I’ve seen the neighbour is when they complained about a banging noise which we had nothing to do with. Not sure how easy it will be to get them to admit fault and pay for the chimney to be extended!

 

[garyo]

As much as I think you're the party that's hard done by here, £1k doesn't seem bad for that amount of work to be done, considering the access, compared with the bill you'd get from the first few solicitors letters, achieving little, and then having long term soured relationship with the neighbours who probably think they've done everything they should have and acted in good faith.

 

[Fran QVC]

Agree that legal action wouldn’t be the right thing to do. I will speak with her and try to come up with the right solution. She may not be willing to pay, but I would hope she would let the chimney be fitted to the wall.

 

[wessex101]

Agree that legal action wouldn’t be the right thing to do. I will speak with her and try to come up with the right solution. She may not be willing to pay, but I would hope she would let the chimney be fitted to the wall.

I assumed they had raised the existing party wall?

 

[Fran QVC]

Yes that’s right, they previously had a roof similar to ours and they put the wall in when extending into the loft.

 

[wessex101]

As much as I think you're the party that's hard done by here, £1k doesn't seem bad for that amount of work to be done, considering the access, compared with the bill you'd get from the first few solicitors letters, achieving little, and then having long term soured relationship with the neighbours who probably think they've done everything they should have and acted in good faith.

"done everything they should have and acted in good faith"! Have you seen the photo? I'm just surprised they didn't put a door in that wall and build a roof terrace complete with hot tub and bar. Honestly the bare faced cheek of some people.

 

[garyo]

Have you seen the photo? I'm just surprised they didn't put a door in that wall and build a roof terrace complete with hot tub and bar. Honestly the bare faced cheek of some people.

I doubt they've ever been up there. Just followed the advice of their designer, pw surveyor, and builder. Posted cheques when supposed to etc.