"Chris George" wrote in message
...
On 10 Aug, 23:42, poll wrote:
The boundary of my property is at my neighbour's house wall. Her
kitchen extractor fan has been vented through this wall for some time
and when the fan is on the vent flaps open directly into my property
and it causes a real nuisance with cooking and cigarette smells coming
straight onto my patio and then into my house through any windows I
have open.

Last summer, realising that an extension and extensive renovations to
the property were imminent, I went next door and, trying to keep
things amicable, pointed out that the smells were causing a problem
and asked if the owner would reposition the vent elsewhere when the
kitchen was reorganised.

The building work has now almost finished- planning permission took
longer than expected- but the extractor vent has not been altered and
the smells continue. The architect involved has written to me to say
that it was not possible to re-site the extractor (unlikely as the
kitchen is enormous!) and sitting outside is not possible for me and
mine when the extractor is on- plus it has been murder in the hot
weather with all windows closed!

Does anyone know if there rules about the positioning of extractor fan
vents? Thanks

Dear Polly
You have the right to reasonable enjoyment of you property
anyone disturbing that constitutes a nuicance in law

Unfortunately not, I think* the law gives you a right to the 'peaceful'
enjoyment of your property, and smells are not in themselves something that
impinges on your 'peaceful' rights. There is protection against some smells,
but only from 'industrial, trade or business premises', which makes it a
statutory nuisance under the 1990 Environmental Protection Act, and with
which your local authority is (I believe) duty bound to assist you.

* IANAL

You could take this further by law and it will end up costing you a
fortune in time or money if you are foolish enough to use a solicitor
other than for technical advice to take the matter in hand as a
litigant in person

The advice to go to the council is good advice

Ask the BCO to investigate whether or not it complies with BR (it
probably does) with the escape of fumes being directly into your
property
If there is ANY fixing on the outside of the line of her wall
you can ask her to take it off and if she does not give notice that
you will
Make sure to give it back to her like you would any branch cut off!

This all presumes that you have failed to do it amicably which is the
best way
Go back to the Architect and point out that unless it IS changed you
will have the right to erect a 'fence' 0.0000001 mm from her wall
right over her vent and you give notice that you will
You can then point out that his design will in that case not work and
advise by copying to her that she should not pay him/her until it does
work!

I think the point is that the architect did nothing with the vent, so cannot
be responsible for the lack of change.


If they persist you are quite within your rights to install a duct and
fan to extract her stuff and duct it back to point at but not over her
garden fence just by a window or door she will want to use. You do not
intend to do this but this is what you could do and will then now
please go and be reasonable?

Chris