Party Wall?

[ItIsOnlyMe]

I live in a link detatched house that shares a common central wall between mine and my neighbours garage wall.

He has extended backwards onto the end of the garage wall creating extra space in his kitchen.It would appear at first measure that the extended wall may be upto his boundary rather than astride the boundary.

All of this was done prior to us moving in two years ago.

I would now like to do the same and extend my kitchen except that i am barred from doing so as his central heating flue is through the extended wall and puts out his waste gasses into my garden, so any extension would mean his flue would be in my kitchen.

Is he allowed to flue his boiler into my garden? Several heating sites suggest that his flue should be 2. metres from a boundary.

Can I ask him, then if necessary force him to move his flue? Is this a party wall as it is right upto the boundary. It is not mentioned in the party wall agreement that covers the garage wall.

Thanks in advance for any help available.

[buildersmate]

He definitely should not be doing this and you can ask him to move the flue. This is unlikely to be easy, so you aren't going to be popular but you are within your rights. No part of the flue (or any other part of his building) should extend onto your land.
You can download a helpful leaflet on the Party Wall Act from here.
http://www.communities.gov.uk/publications/pla nningandbuilding/partywall
This Act applies to any householder wishing to modify or extend a wall or a fence that sits astride a boundary.

[ItIsOnlyMe]

I am looking to install my boiler in the garage and have the flue straight up through the roof.

Does it matter if his wall is entirely on his property but his flue is entirely above mine?

Should there be something in the house ddeds about the wall extension?

[buildersmate]

If you shared a common garage wall originally it will be very obvious from the line of his original exstension whether he extended this line (which I will 99% guarantee would have been shared and on the boundary or not) or whether he built inside the line on his side. If he built inside the line, you cannot expect to use his wall as a common support for your roof. You will have to build another wall right up against his. The issue you are going to have to solve is how the roof will work - if his is a flat roof, I hope the slope is to the rear of property and also that you can do likewise. Even then you will have to come to an arrangement about joining the roofs together as you clearly can't have a gap.
None of this changes the fact that the cowl for his CH comes through this wall now, and therefore protrudes onto your land.
There will be nothing in your Land Registry documentation about this - the Title Plan will merely show the red marking around your plot and presumably the boundary at the original garage join.
The party Wall Act should have applied to his extension (you had some rights - but it is too late now) and it will apply to your Works. The Party Wall Act will allow you a legal access onto his side to effect the extension, require you to clear up his side after you have finished, make sure you design your foundations so that they don't undermine his, that sort of thing. Read the link I gave you.

[buildersmate]

Your idea about a vertical flue seems a very practical one. He will probably have to modify his likewise.

You can do what you like in terms of local arrangement with what you will allow for his flue - but I personally wouldn't entertain allowing him to vent it where it means the cowl has to sit over my side of the boundary.

[ItIsOnlyMe]

Thanks Buildersmate,

I suspect I will ask an architect to draw up some plans and see where that takes me.

If he won't play ball next door I could always build round his vent, blocking off his air to his boiler :-))