Our neighbours (the council!) want to build right up to our wall making a new party wall. Our wall has got some vents and air bricks that there surveyor says should not be there and want to see permission for them. We can't find the original plans from 20 years ago. Don't we have some rights because they have been there for so long?
2006-10-02 00:10:28 · 6 answers · asked by anythingbutwork 1 in Politics & Government ➔ Law & Ethics
The house plans will have been submitted to the council (probably District Council) as part of the process to gain planning approval.
Any individual has a rightr to inspect plans held on file free of charge - they are a matter of public record. Councils can make a reasonable charge should you want to have a copy taken off to take home though.
Anyway, the plans as approved will be the basis of your house construction. If the plans show, or intimate, that the airbricks should be on the side of th ehouse that is in question then the council surveyor is not only wrong in making such a statement to you, but also you can make a formal complaint to the council and probably also the RICS (Royal Institute of Chartered Surveyors), as he should be a member of that organisation to hold a competent office.
If the guy holds no RICS accreditation then thats a big big complaint to the Council ombudsman.
Plus, if the councils opinion (via the surveyor) is not based on fact then you have a right to seek compensation for the financial outlay you may incur in the fight, plus something else for the emotional distress that could so easily have been avoided.
However, if the plans as deposited point to airbricks going across other directions then you may need a more expert opinion.
Also look at the 'Party Wall Act' - freely downloadable at most council websites and the odpm website........... it outlines in clear terms what rights are given to both sides as to access/enjoyment etc of the party line.
2006-10-02 00:29:04 · answer #1 · answered by Jon H 3 · 0⤊ 0⤋
Planning Permission no longer applies to anything that has been in place for 10 years. This means that the council cannot ask you to rectify it.
You should also have what is referred to as 'prescriptive' rights to vent your air etc due to long usage.
Good luck x
2006-10-02 07:22:35 · answer #2 · answered by kerrykinsmalosevich 3 · 1⤊ 0⤋
Are you looking for the term "grandfathered"??
Their surveyors doesn't have the authority to question your wall nor jurisdiction over such matters. That is the responsibility of code enforcement.
Check with your code enforcement agency, or building permit department of your local government.
2006-10-02 07:58:23 · answer #3 · answered by usaf.primebeef 6 · 0⤊ 0⤋
Im not sure of the term, but I do know that if it has been there for 5 years or more then you no longer require planning permission.
2006-10-02 07:15:06 · answer #4 · answered by OriginalBubble 6 · 0⤊ 0⤋
This is rubbish. You are being bullied. Of course they should be there. Sounds as though they were installed when the (house?) was built. You don't have to prove whether they should be there or not.
2006-10-02 07:16:12 · answer #5 · answered by Sam 3 · 0⤊ 0⤋
I believe the term you are looking for is "smokestacks"
2006-10-02 07:12:18 · answer #6 · answered by The answer man 4 · 0⤊ 0⤋