Is it legal to build a brick structure above the fence in a narrow patio?

[TASW45]

Hi all

this a repost, to take away a pic from the original thread.

We are after some advice and views.

My neighbour built a tall brick structure just by the fence at the boundary with our property. It is a kind of brick barbecue, with a clay chimney above the fence. The structure is for sure above the fence, and is about 7-8 feet tall.

The patios are by the sides of our properties and are quite narrow. His patio on each side is 6-7 feet wide, before the building starts. That means that the top of his brick structure, just at the boundary, is very close to my windows.

He is using it to make a barbecue, in the past he has burned leaves. Every time there is a lot of smoke.

My take is that he could have not built it, given the distance between buildings, and the nuisance of the smoke.

The chimney is so close to my building, that when he uses the structure, the smoke is everywhere in my property, with the chimney helping to direct smoke to my place, so I can’t keep my windows opened. Isn’t this is a nuisance? I would welcome views as I believe nuisance is one of those rules that need interpretation, and I am unsure that Wandsworth enforces it.

I believe that there is also a risk of fire, despite being a brick structure: i suspect that the heat could trigger fire in the wrong situation. And given the distance from my built structure, it could easily expand from the fence to my property.

Finally, I personally also find the structure also ugly - I fear loss of value for my property.

The neighbour has rarely been friendly - i find the selfishness of building something like that without bothering to consult with us tells something in my view.

I will speak to him directly, but I am preparing for something legal/dispute, as I have limited hope that he will be reasonable. Therefore I want to first see if I am missing something or if I’m the one being unreasonable - respectful opinions welcomed.

Many thanks in advance for taking the timr to share any thoughts and all the best from us.

Just like your last thread about this, the BBQ will not burn your fence down, brick or not.

Do not get into a legal dispute with your neighbour.

This looks like an environmental health/nuisance issue rather than a planning issue?

The first step might be an informal chat with your council. How often is it in use?

You could try EH but given that it is not in constant use (unlike a boiler flue for example) and smoke is funnelled above head height I doubt you have grounds for complaint.

Thanks for your view. Isn’t there a limit of what can you build by the boundary AND the distance from a neighbour’s building? One of my points is that given the proximity of the buildings, no tall brick structure should be built in between.

Yes and no. Yes there are rules about building permanent structures but a brick bbq does not count as a permanent structure and there's no restrictions on them.

If it's flooding you with smoke when he uses it then it does sound like a legal nuisance. That would be a civil matter for you to consider pursuing, though. You could speak to a solicitor about it.

It could well cause a smoke nuisance with proximity to your windows. Contact Env Health.

It's not planning you need it's environmental health. "Brick structure" isn't what's above the fence line anyway is it it's some sort of chimney. I think you're on a hiding to nowhere though I'm afraid

I don't think something has to be in permanent use, bonfires for example are a potential nuisance.

However BBQs are not deemed a nuisance, despite the fact they clearly are a nuisance!

Op that’s absolutely fine, he’s allowed a bbq and it isn’t a risk. I also don’t see how it will devalue your property.

you could try to argue health risk, but suspect you will struggle

I’m also trying to see any form of brick structure above the fence and failing. All I can see is a flue which would be above head height.

https://www.gov.uk/guidance/nuisance-smoke-how-councils-deal-with-complaints

Hi all thanks for sharing your reflections.

I am not surprised of the range of views. The thing that leaves me appalled is: isn’t there some rule about the distance of perm structures from someone else’s - I mean from the actual masonry?

I mean: If the structure was at the backend of a standard garden of two houses opposite each other (as it’s often the case in London terraced houses) i would understand my case could get weaker. However I thought that there would be something about the distance of a structure from someone else’s wall? I guess I am saying: it’s a bit different when two properties are so close, and I thought there would be a limit on the proximity? All your points make sense but then is the conclusion that someone could really build a permanent structure only a few feet away from a neighbour’s house?

Also: yes, techincally the brick work ends by the height of the fence but the chimney is attached to the brick with mortar. But then I wonder if the boundary, anything can be erected as longs as it’s a non brick material?

On the impact for the value for my property, I get that it’s debatable. I see the chimney as an eyesore - it looks ugly, and if I would be buying a property, I would look at nearby sources of nuisance.

thanks again for sharing your thoughts.

T

Thanks - insightful. Indeed the wording would not appear to support my case. My doubt remains the proximity, I thought that somehow the distance from a neighbour’s active walls/windows (ie not just the boundary) would pose some extra limit to what can be done.

I see a tall flu/stack made of clay? Potentially a pizza oven? But equally potentially purely decorative.
At the most he assembled it, it doesn’t look like something he cobbled together which means it could be safe anyway.

I saw him building it brick by brick, so not sure about that (Not sure how professional - I believe he also closed by himself the door behind the barbecue and turned it into a window - you can see the different brickwork in the pics, does not look a top spec finish)

I see a stack? Maybe it will be a tictok water feature?

Thanks. Yes I will charge £5 to see the viral fountain from a privileged position

There are rules for permanent structures unfortunately a brick built bbq, pizza oven or whatever classes as a garden enhancement not a permanent structure. It also doesn't come under the smoke laws. Unfortunately your best hope might be that he gets bored of it very quickly.

Op, as the pp said yes there are rules, but not for something small like a bbq or pizza oven, he can put it where he wants.

i understand you’re irate so maybe no longer thinking rationally but i can assure you your neighbour having a bbq will not impact the value of your property.

I also understand you find it ugly, but it’s just a flue,

im afraid you’re going to have to put up with it.