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Neighbour Guide: Wood Burning Stoves and Chimineas

By: Abigail Taylor - Updated: 11 Oct 2017 | comments*Discuss
 
Wood Smoke Burning Neighbour Wood

Many people in the UK have wood-burning stoves. Some houses need these for heat, whilst others use them as a decorative room feature. However the problem with wood burning stoves and chimineas is that they give off smoke as they burn.

UK Smoke Control Areas

Under the Clear Air Act of 1993 (consolidating the 1956 and 1968 Acts designed to deal with smog), local authorities can designate some areas of their region to be a 'smoke control area'. In these areas, it is an offence to emit smoke from a chimney, a furnace or any fixed boiler. It is also an offence to acquire 'unauthorised fuel' for use in a 'smoke control area'.

Are there any laws about what is burnt in a chimnea? Our neighbour seems to burn any wood that comes to hand which at times causes copious amounts of smoke, preventing my family enjoying our garden and forcing us to close our windows.

The maximum punishment for each offence is a £1000 fine. Your Local Authority will be able to advise of any 'smoke control areas' in your local region. You can find numbers to contact your local authority.

Some exempt fuels and exempt appliances can be still used in these areas. These have passed tests to ensure that they burn without producing smoke. A list of exempt fuels/appliances can be obtained here.

What About Other Relevant Legal Requirements?

There are legal requirements about the design specification and installation of wood burning appliances. This is to ensure that these are correctly ventilated to allow fuel to burn cleanly, and ensure that appliances do not release dangerous carbon monoxide or carbon dioxide into people's homes.

Manufacturers and installers of these appliances will be aware of relevant legal requirements and they will be responsible for compliance with these. However the current legal requirements for the UK can be found in Buildings Regulations Document J, Table 1.

Smoke and 'Nuisance'

Clearly, smoke blowing into your garden or house is "a nuisance", and can affect your enjoyment of your property, especially if this prevents you sitting in your garden, or opening windows. However this may also be a legal 'nuisance'.

Legally, the term nuisance refers to a legal tort, or civil wrong. It is used to describe:

  • a) An activity that is harmful or annoying for others (e.g. a smoking chimney)
  • b) The harm caused by the activity above (e.g. objectionable odour)
  • c) The legal liability that arises from the combination of (a) and (b)

You have a right to quiet enjoyment of your property. This is the same right that stops your landlord carrying out weekly inspections of their property. A legal nuisance is an act that interferes with this right (such as forcing you to close your windows or preventing you sitting in the garden). This type of nuisance is often referred to as a private nuisance.

The case of Bamford v Turnley defined private nuisance as:

"any continuous activity or state of affairs causing a substantial and unreasonable interference with a claimant's land or his use and enjoyment of that land".

I live in a UK city which has seen a great increase in the use of not only wood burning stoves but also the use of smokeless fuel. Being surrounded by 3 houses in a built up area that regularly pump out smoke and fumes, it is not a comfortable or healthy environment.

As far as I can see none of these activities tick the environmental box or consider the health implications. Do we have a legitimate cause for action?

Whether any activity constitutes a nuisance will depend on how it affects you, and the reasonableness of the activity. This will include considerations such as the time of day the activity is carried out (for example DIY is a reasonable activity, but not if it involves hammering after midnight every night).

The court will also consider the area that you live in. For example a built up area can be expected to be noisier than a rural area. The case of Cambridge Water Co Ltd v Eastern Counties Leather Plc stated that if a defendant was using their land unreasonably and causing a nuisance, they will still be liable, even if they used reasonable care to avoid doing so. The test is really if the action was unreasonable, and if the resulting nuisance was reasonably foreseeable.

Long Term Nuisance Can Become Legal

It is a defence to a nuisance claim that if a private nuisance has continued for 20 years, it becomes legal. If you have been aware of a continuous nuisance caused by your neighbour for over 20 years, you will not therefore have a claim in nuisance.

However if you moved into your Property after your neighbour was already burning wood, and so committing the nuisance, this will not be a defence according to the courts. (The 1879 case of Sturges v Bridgman states that there is no defence that the Claimant came to the nuisance).

If a court finds that a neighbour has committed a private nuisance, they can:

  1. make an award for damages (money) to be paid to you
  2. make an injunction to prevent an act being carried out

Often a private nuisance will also be an environmental nuisance (for example light pollution). You can therefore ask your Local Environmental Health Officer to attend your property and report on the conditions. This will be useful evidence in your case.

Options to Prevent a Nuisance

We have a neighbour who has a wood burning stove that frequently floods our house with fumes. Having spoken to the Local Environmental officer we are assured that the appliance conforms to the legal requirements and therefore our only redress is a civil case. As we do not have the funds to do this can you suggest an alternative?

Depending on the nuisance being caused, you may have several options to take private action. These may include:

  • taking action for statutory nuisance in the Magistrates Court
  • taking civil action to get an injunction
  • mediation

You may also apply to the Magistrates Court if, though a nuisance has currently stopped, it is likely to reoccur on the same premises.

Of course the easiest and cheapest way to address a nuisance is to speak to your neighbours. Do they realise that the smoke from their fire is blowing into your house or preventing you using your garden? Particularly in the case of outdoor fires, it may be that these could be moved to a different side of their property to prevent this problem.

Taking Your Case to Court

If you wish to take your case to court, you can get free legal advice on this from your local Citizens Advice Bureau (www.citizensadvice.org.uk/index/getadvice.htm). Unfortunately free legal advice is not available through the Legal Aid scheme for this type of legal proceeding. Here are a few keys points to consider:

  • Notice of court action - You will need to provide notice of your intention to take court action (under part 7, section 82 Environmental Protection Act 1990) at least 3 days before doing so for any noise nuisance, and at least 21 days before for any other type of nuisance.
  • Fee - There is a fee for making a complaint to the Magistrates Court (approximately £24, but you can check this with your local Magistrates Court) www.hmcourts-service.gov.uk/HMCSCourtFinder
  • Serve a notice on your neighbour - You will need to serve notice on the offending neighbour. You should keep a record of doing this, so many people chose to send a recorded delivery letter. Service could also be affected by a hand-delivered letter, but you would have no record to prove that this was delivered.
  • Represent yourself - You can conduct your case yourself, without legal representation if you wish to do so.
  • Be prepared -Be aware that the defendant may make counter-accusations and also call witnesses.
  • Costs - If you are successful, you may recover some or all of your costs from the other party. However if you are unsuccessful, you may be required to pay some or all of their costs.
  • Breaches of injunction - If an injunction is granted, you will need to go back to court if this is breached to enforce the order.

What evidence will you need to take your case to court?

There are no rules about what evidence you will need in court; you simply need enough evidence to prove your case. Try to make sure that for every point you make, you can back up what you are saying with evidence; it is up to you prove your case on the balance of probabilities. Any evidence you wish to rely on must however be relevant, and go to proving / disproving an element of nuisance (not simply showing that your neighbour is annoying in some other manner).

Here are a few different types of evidence you may want to obtain to support your case:

1) Photographic evidence - take pictures of the smoke blowing into your house / garden. Is soot covering your personal belongings? Take pictures of this.

2) Damaged items - if sooty smoke / ash is blowing into your house / garden, put items (e.g. teddy bears) in a plastic bag as evidence that soot is damaging your property.

3) Witness statements - as well as you giving evidence, you could ask other neighbours / friends to visit your Property and witness the problem themselves. Your witnesses must have witnessed the problem themselves however; they cannot simply give evidence that you told them there was a problem, as this is classed as 'hearsay' by the courts and won't be allowed.

4) Reports by an Environmental Health Officer (EHO) - if an EHO has visited your Property you may rely on their report or test readings. However if the report indicates a nuisance to the public at large, often the EHO will take on the case against the offending party themselves.

Note that any evidence that you wish to rely on will have to be disclosed to the other party if you take your case to court. You will therefore have to provide your neighbour with copy statements and photographs.

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My neighbour burns 2 log burners, one in a sun room built onto the back of their garage and the other one is in their house, they have both of them burning at the same time, so in the back of our house we can't open windows or hang washing out, and in the front we can't open windows either because the smoke comes in thru windows, it smells like bonfire night all year round, the house they live in has double glazing and central heating, so the log burner is not a primary heat source, what can I do about it
Scottie - 11-Oct-17 @ 10:57 PM
I am suffering with bonfires and pubs burning in open hearths.I moved out of my home which I had lived in for 16 years.The pub opposite opened up a second chimney and burned from 11.15am until midnight 7 days a week from the first week in September until the end of May.I had 4 years of trauma- hospital appointments for blocked ear, throat constriction, resumption of childhood asthma.I gave up work early and my friends, social actvities- choirs, local tuition and moved into rental in another county, as Environmental Health called; smelled the nuisance and then said that it was a business, so just advised them on hearth hygiene! My house move cost me £50,000 in stamp duties etc and legal fees, estate agency fees etc The local sweep told me he had condemned the chimneys 4 years previously, but they had them swept by someone else.My neighbours (terraced) had more than one fire engine callout as they cleaned their own chimney and consequently had chimney fires.The bituminous odour hung over my home for months on end. My lung capacity in my lower airways reduced to 56% and I was on steroids. I only had symptoms when their chimneys were operational.When I moved I stopped my medications altogether and started singing again. Several friends in that small town are now dead from asthma, lung cancer; heart condition related to asthma, an unusual type of emphysema and sinus cancer (very rare).There were 3 pubs emitting in a t-shaped street system, as well as houses with wood-burning. Now I am upset as I have isolated myself from my work and friends and tonight my new town has started up burning and there have been bonfires all this week.When I went to church this evening the whole town reeked of woodsmoke and so I will have to consider giving up going out for the foreseeable future in the evenings, especially.That means I have no social life.Thanks, guys.Wonder what you are all doing to the children in your area who have inhalers and to the elderly and vulnerable people.Oh yes, it can be okay at hearth level inside if the wood is burning brightly, but what comes out of your chimney and pollutes everyone else is a toxic nightmare to vulnerable people- and to yourselves ultimately, because we are the canaries who detect it in our lungs first.You may still be affected in later life.
Moneypenny - 8-Oct-17 @ 11:23 PM
Dan - Your Question:
Hey,I'm looking for some help we want a log burner installed but the only wall it can go on backs into next doors garden, it would be above head height on the wall and would rarely be lite but it is the focal point we want for our living room.Where do we stand? Is it upto them whether we can have one or not?I really don't want to upset anyone Thank you

Our Response:
If it will actually be on the neighbouring property (even in their airspace), yes they can refuse to allow it. Discuss it with the neighbours and see whether you can all agree on something acceptable.
ProblemNeighbours - 23-Aug-17 @ 12:44 PM
Hey, I'm looking for some help we want a log burner installed but the only wall it can go on backs into next doors garden, it would be above head height on the wall and would rarely be lite but it is the focal point we want for our living room. Where do we stand? Is it upto them whether we can have one or not? I really don't want to upset anyone Thank you
Dan - 21-Aug-17 @ 7:29 PM
Totally agree with any action to stop this outdoor smoke pollution by others wanting to cook outside. The odd bonfire is acceptable but not ruining the enjoyment for others at their own property. I have lived in this house all my life. New neighbours have built outdoor stoves which pollute my house and garden with smoke/fumes. There is space to build them elsewhere. When I mentioned this to them the reaction was verbal abuse, threats etc a type of anti social rage. Consideration for others seems to have gone, only I want, I want, I want andif you complain you are a moaner. Count me in for any support/action.
cautious - 11-Aug-17 @ 4:17 PM
How can wood burners be legal in suburban areas. They need to be policed. It's a complete joke, my neighbor is a prick who wants to burn the world. He and his wife are that bored that they spend there days breaking pallets and burning them . I really hope theydon't set them selves alight .
Hans - 28-Jul-17 @ 10:41 PM
Hi !About two winters ago houses around me started opening chimneys and a .few put in wood burners. Smoke and smells have come toward my rented council house since.I am in a culdy sac area . Since then my house stinks (bad in winter )have to keep windows closed and watch when I can put washing out.I have developed a wheeze and various pains constantly since the smoke problem.Dont drink but wake up every morning with a hangover. Complained to enviorirnment a few times -one chimney across from me house owner burning pallets with paint on them and wet unseasoned wood.The man did admit this whenhe was visited-wood was there to be seen.He was asked not to burn this kind of stuffby the visiting officer. Still goes on worse in dark( have photos ) Been told by council and envrionmen officer 'they cannot do anything about it'. and 'its now a way of life '.There are at least several chimneys directly round about my house and smoke tends to drift in that direction. Smokey.
smokey - 23-Jul-17 @ 10:16 PM
I have a multi stove but only burn smokeless anthraciteand kiln driedkindling and we dont have any problems
macymoo - 28-Jun-17 @ 2:55 PM
Jesmar - Your Question:
Is there anything I can do about my neighbours they have a large oil drum barbeque that they put right next to our fence sometimes they have a barbeque but mostly they burn wood on it so all the thick smoke blows in my house and garden it's all times of the day if my washing is out it absolutely stinks of burnt wood we arent really on speaking terms as they are very arrogant I have lived here 25 years they have lived next door about a year

Our Response:
This depends how often they use it and at what times of day really. You could try asking them if they'll consider mediation or perhaps agree certain times of the week/day to use the BBQ? If they're not willing to cooperate, try the environmental health department.
ProblemNeighbours - 13-Jun-17 @ 12:08 PM
Is there anything I can do about my neighbours they have a large oil drum barbeque that they put right next to our fence sometimes they have a barbeque but mostly they burn wood on it so all the thick smoke blows in my house and garden it's all times of the day if my washing is out it absolutely stinks of burnt wood we arent really on speaking terms as they are very arrogant I have lived here 25 years they have lived next door about a year
Jesmar - 10-Jun-17 @ 4:16 PM
I have seen forehand the nightmare of multi-fuel stoves and wood burning stoves. My neighbour does not care about anyone and the tension is scary. The government has covered up the issue with wood burning stoves because of there popularity. They fear going against diesel vans and wood burning stoves before a election will effect there campaign. They say 55% of pollution is due to diesel vans, 35% is due to old style boilers and 10% to wood burning stoves. The government plan a moneymaking scheme from fining vehicles and wood burners. The truth is the governments legislation which governs wood burning stoves is flawed, non-logical and smoke free zone should mean smoke free zone. It is so difficult to catch someone burning the wrong fuel as Environmental Officers would need warrants to enter someone's home if refused entry, which can take 2 to 3 hours and they have to see them visually burning it to inflict a fine of up to £1000. I AM PUTTING FORWARD A GOVERNMENT PETITION IN JULY, I WILL NEED 10,000 signatures...PLEASE SUPPORT ME
J - 1-Jun-17 @ 5:02 PM
Further to my earlier comments 're. wood burner I would add that there is talk of taxing these idiots who have them. Great. Slam them heavily I say. They obviously have money to burn so to speak having shelled out huge expense fitting these, so they can afford to pay some punitive taxes. Luv to see that come about!!
Appalled - 15-Feb-17 @ 10:19 AM
As a follow up to my recent comments regarding our neighbour's wood burner in which I protested about the ugliness of the flue pipe, we now find that our house is suffering from the smell of smoke from this obnoxious contraption. We have told our NOT considerate neighbours, only to have the reply, that it was fitted to regulation standards. This is a joke. We are now stuck with this situation and feel we live next door to people who have a total disregard what we are suffering. What has happened to this world and the long lost some of the decency that once existed? Utter despair reigns in our house now down to the ignorance of people who in our opinion are completely devoid of any form of common sense. Our message to next door is disappear over the horizon and take your stupid wood burner with you. Good bye and good riddance.
Appalled - 15-Feb-17 @ 9:51 AM
Our neighbours have just installed one of those dreadful wood burners. With the flue pipe ththey have put up all that is missing is a siren to tell the workers to knock off. It looks just like a factory! Who allows these people to get away with this sort of thing? SPcandalous. No consideration for their neighbours. A complete blot on the landscape. Idiots. Should be fined.Selfish and self centered. Go and live in the woods and burn what you want!!!
Appalled - 14-Jan-17 @ 12:28 PM
my neighbourhas had wood stove fitted. now my builtin wardrobe smells of smokeand gets hot. this is through 3 layers of bricks. now starting to get headakes.never had thembefore. could this be thecarbon poison stuff.my wife as started to suffer more with bad eyes. could be linked to the smoke fumes.I am going to have to see them next door.let you know what happens.
minnie - 30-Dec-16 @ 10:00 AM
I've lived above a nightclubfor 2 years and the music tho loud I got used tobut now they have a new dj and he loves his bass everythingin my flat jumps around now sometimes even including my heavy sofa ,no sleep now til after 3 am
Tigs - 30-Dec-16 @ 2:51 AM
Sorry last message should have read ...totally approachable!
Tired - 4-Nov-16 @ 12:03 AM
Mmy neighbours have a wood burner which they rattle several times a day. I assume they're drawing air into it? Anyway the noise is horrendous and sounds like a jackhammer for a minute or so at a time. Not so much of a problem during the day but this happens hourly sometimes til midnight or 1 am. What can I do. They are totally approachable.
Tired - 3-Nov-16 @ 11:58 PM
I live on a mobile caravan site my neighbour installed himself a log burner in 2014 since then till spring this year we've lived with our vehicles covered in soot on our windows our home smelling of fire even to have soot on our window ledges!! I got my environmental officer on to it and he came out a couple of times even came to watch said neighbour light his fire who after organising a time lit it an hour before officer came!! He's burnt pine needles unseasoned wood old pallets!! It's been unbearable and in the end after we had complained he stopped talking to us and if we had any complaint put it in writing??? Then out of the blue about may he took the chimney down !! The relief was immense and we felt like a weight lifted .. we don't have anything to do with the neighbour now .. but today the chimney is back at 4pm bellowing smoke we are in the midst of decorating and having new kitchen I'm on my last nerve I can't go through it all again !! What do I do ??? How can I stop my home feel like a prison I can't open a window it's embarrassing when people come to visit also in the midst of us complaining my husband and I had a row a normal married couple row we did swear at each other we were inside our home and my neighbour then was putting all our row on Facebook!! My friend contacted me to tell me I was soo embarrassed!!! This neighbour is not approachable any advice
Hev - 23-Oct-16 @ 9:58 PM
Nik - Your Question:
I live flat ground floor.I have share garden and my neighbours she live 3rd floor.she done BBQ in ground floor in garden in front of my flat.she did not switch off the fire nice and it's burn to the tree, grass and some wood.when spoke to her she saide to me she is do again and it's share garden.but it's not safe to do BBQ it has a lot of tree and grass and we live ground floor with children,older,disabled most of us.what can we do?

Our Response:
Is your property rented? The best thing to do is to report it to your landlord. There may be no rules about having BBQs in the shared garden but if things like the trees are being set alight etc then the landlord will be able to take action.
ProblemNeighbours - 20-Sep-16 @ 10:11 AM
I live flat ground floor.I have share garden and my neighbours she live 3rd floor.she done BBQ in ground floor in garden in front of my flat.she did not switch off the fire nice and it's burn to the tree, grass and some wood.when spoke to her she saideto me she is do again and it's share garden.but it's not safe to do BBQ it has a lot of tree and grass and we live ground floor with children,older,disabled most of us.what can we do?
Nik - 18-Sep-16 @ 2:31 AM
The house next to ours is owned by Sovereign/Kingfisher Housing Association. The last three tenants have been anti-social in a number of ways. We were told that the last family have been rehoused several times, due to being anti-social. The latest family came February 2015 in a Large City Link Ford Transit ?(in receivership), which was parked inconsiderately for over a year, causing us problems. I finally managed to have it taken away by the Council. Soon after they moved in, one of our new fence panels was badly damaged by their children ramming their cycles into it. When I asked the man if he would help to replace it, he just said,' I am not wasting money on that!' It cost me over £30 pound and several days work. He bought a second large car and parks one sticking out diagonally across two parking spaces. The second car is parked about four feet out in front of the first car, which makes it VERY difficult for us toleave our parking space,due to lack of room. 'Move your car over then', was his response! We have a rear access path which runs behind their back garden, which we use to transfer rubbish to the front for taking to the local dump. I cut back a badly overgrown hedge, which is actually the responsibility of the Housing Association, to clear the path. Next door has now dumped rubbish, including two mattresses on the path, thus blocking it totally. I have been waitingover a month for both the Housing Association and our Local Council to take action! My wife and I are nearly 80 Years old and do not need this stress at our time of life!
GOONBIRD - 26-Jul-16 @ 5:29 PM
The house next to ours is owned by Sovereign/Kingfisher Housing Association. The last three tenants have been anti-social in a number of ways. We were told that the last family have been rehoused several times, due to being anti-social. The latest family came February 2015 in a Large City Link Ford Transit ?(in receivership), which was parked inconsiderately for over a year, causing us problems. I finally managed to have it taken away by the Council. Soon after they moved in, one of our new fence panels was badly damaged by their children ramming their cycles into it. When I asked the man if he would help to replace it, he just said,' I am not wasting money on that!' It cost me over £30 pound and several days work. He bought a second large car and parks one sticking out diagonally across two parking spaces. The second car is parked about four feet out in front of the first car, which makes it VERY difficult for us toleave our parking space,due to lack of room. 'Move your car over then', was his response! We have a rear access path which runs behind their back garden, which we use to transfer rubbish to the front for taking to the local dump. I cut back a badly overgrown hedge, which is actually the responsibility of the Housing Association, to clear the path. Next door has now dumped rubbish, including two mattresses on the path, thus blocking it totally. I have been waitingover a month for both the Housing Association and our Local Council to take action! My wife and I are nearly 80 Years old and do not need this stress at our time of life!
GOONBIRD - 26-Jul-16 @ 5:26 PM
wheels - Your Question:
Been in our property 4yrs the people next door had 2 dogs then that kept barking they now have 8 dogs and they all bark.not all the time only when someone knocks there but whenever I go into my garden and they are out in there garden the noise is bedlam and it does not stop,my wife wont go out in our garden in case the dogs are out also 2 of them are alsations and she is frightened they will come over the wall,what can we do.

Our Response:
Speak to your local council (environmental health department) about both the noise and the (potentially) dangerour dogs.
ProblemNeighbours - 19-Jul-16 @ 12:01 PM
been in our property 4yrs the people next door had 2 dogs then that kept barking they now have 8 dogs and they all bark.not all the time only when someone knocks there but whenever i go into my garden and they are out in there garden the noise is bedlam and it does not stop,my wife wont go out in our garden in case the dogs are out also 2 of them are alsations and she is frightened they will come over the wall,what can we do.
wheels - 17-Jul-16 @ 7:56 PM
I live in a smokeless zone, and have been complaining to my council, with lots and lots of photographic and video evidence ofthe smoke belching from his chimney, for over 9 years! But they continually fail to do anything, other than warn him. They never take it further, as they have to, apparently, catch him physically putting the scrap wood on his fire. They say they do not have the resources. I am taking legal advice over his behaviour towards me in general, but what is the point of a smokeless zone, if it is never enforced?
Smoked Out - 26-May-16 @ 6:14 PM
What can I do with neighbours who are bullying me- I live aloneand since I took down trees in my gardenas I am unable to maintain them and foundelectrical wiring pinned to my side of the wall divingour gardensat the back of the trees - I have been bullied - the wires wereput back on the wall divide on a constant basis - dirty pet containers with food and water and mats being left to dry on the wall, along with plastic piping,broken containers are being left on the wall by these neighbours - they shout and scream at meif I am in my garden-the wall is only waist high - I am trying tosort out putting a wall or fence in my side toblock them off - As I am not workingthis is a major headache and Ihavephysical medical issues whereby Iam facing surgery and do not need this hassleIam totally overlooked by themonce they come out into the garden -they keep putting the items back on the wall-they have trained their two dogs to bark if I amin the bottom quarter of my gardenandare very abusive towards me - Winter time they light illegal fireworksand some have hit off my windows and knock off my alarm ,they also light a fire and I have to close mywindowsand doors with the smell and cant hang out my clotheseven though its nowthe month of may - would be glad of any way to deal with this - I have taken photos of the items on the wall andhave been accused of taking photos of their children ? I don't understand this I am aadult women not a pervert I havegot the police involved as an other neighbour came out and abused me verballyone day as I took plastic piping off the wall - this neighbour had already been abusive to me before she has serious issues and had been advised to stay clear what can I do I am- I don't needthe stress of this- last year they hung clothes lineup againstback of neighbours new fencingand had the clothespole right up against the wall so in effect their clothes once on the clothes line blew direct into my garden
garden flower - 1-May-16 @ 4:25 PM
Rain - Your Question:
My friend has asked for my help about her neighbour's wood fire stove that heats up their shared internal wall. The wall on her side is her hallway wall. The wall gets so hot that you cannot touch it without burning. A crack has also started to appear. Is there any laws pertaining to this problem so that we can tell her neighbour to insulate the wall?

Our Response:
If the work has been carried out incorrectly and has caused actual damage, then the neighbour may be able to claim damages under the Party Wall Act. Which states that a person should:
(a)making good all damage occasioned by the work to the adjoining premises or to their internal furnishings and decorations; and
(b)carrying any relevant flues and chimney stacks up to such a height and in such materials as may be agreed between the building owner and the adjoining owner concerned and relevant flues and chimney stacks are those which belong to an adjoining owner and either form part of or rest on or against the party structure.
(5)Any right falling within subsection (2)(f), (g) or (h) is exercisable subject to making good all damage occasioned by the work to the adjoining premises or to their internal furnishings and decorations.
(6)The right falling within subsection (2)(j) is exercisable subject to making good all damage occasioned by the work to the wall of the adjoining owner’s building.
ProblemNeighbours - 31-Mar-16 @ 2:17 PM
My friend has asked for my help about her neighbour's wood fire stove that heats up their shared internal wall.The wall on her side is her hallway wall.The wall gets so hot that you cannot touch it without burning.A crack has also started to appear.Is there any laws pertaining to this problem so that we can tell her neighbour to insulate the wall?
Rain - 29-Mar-16 @ 2:22 PM
Si La Nu - Your Question:
I have a neighbor who has had a wood burning fire insulated into his flat and I think with a chimney fan system Since this has been fitted it sounds like he has a clothes dier on all the time and is very noisy at nightI have asked him to turn his machine off at night and he is denying that the noise comes from his flat and has told me not to contact him againHe does not know I am aware that he has this system in his flat and have not mention this to himHe is a lawyer and I think he thinks he is above the law, is there anything I can do about this Thank you for this help in this matter Si La Nu

Our Response:
Make a note of the noise, when it occurs and what type of noise it is. Then contacted your environmental health department for advice.
ProblemNeighbours - 16-Mar-16 @ 10:48 AM
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