bitasean wrote:I visited a site this morning where the clients want to extend to the rear of their mid terrace property. Their next door neighbours have already extended a kitchen into the garden with a flat roofed structure. The boundary wall of the neighbour's extension has vents in it which I presume are their to ventilate above the joists, but they rely on the air over my client's garden as a source of ventilation. Does anybody know how long such vents have to be in place before the owner has a right to keep them?
And if you want to build over the vents (within your own property) do you need to have a court ruling before you can do so?
You'll have to describe the adjoining development more fully.
- Is the boundary wall now a parapet with vents in it at first floor level?
- If not is the flat roof projecting an eaves over the party wall with vents in that?
- Are there details available confirming the relationship of the elements with the legal property boundary?
- If the wall of the extension is on the line of the party wall who gave permission for this to be done since laying the footings would normally involve a strip either side of the boundary and this implies a trespass?
- If this was done by agreement, is there an extant reciprocal agreement allowing your clients to take support from this wall?
This is just settling the matter in a context.
Some possibly relevant links for review
UK Act explained
US Law explained
Chat to your planning officer and see the planning file is there is one.
I fail to see how your neighbour has acquired rights of venting over your property.
I would argue that establishing rights to vent into another's airspace isn't exempted development, and even if it were, planning law doesn't supersede the law of the land.
Any advice given here is offered in the presence of unknowns, and remote from the situation and therefore may be of limited relevance.