Ask a lawyer on the topic of Neighbor law

The exhaust gas vent of the neighbor needs to be raised. Who has to pay?

November 11, 2009 | 30,00 EUR | answered by Steffan Schwerin

We are currently building a semi-detached house. The other half belonging to our neighbor is already standing, and he has a compliant exhaust system for his condensing boiler (40 cm above his roof).
Now here is the issue: we are building our half slightly forward, so his exhaust system no longer extends above our roof and is instead located in the shadow of our gable roof. The chimney sweep is now criticizing this, as it may cause moisture damage to our property. He has made it a requirement for us to rectify this. We have built according to regulations for your information.
I would like to know now who is responsible for the costs of raising the exhaust system. My neighbor is not interested, as he does not have the issue and has not received a letter from the district chimney sweep.

Steffan Schwerin

Dear questioner,

I will answer the questions you have raised taking into account the facts presented and your input as follows:

If there is a wrong planning regarding the increase of the extraction system, the architect or builder must be held responsible and therefore bear the costs.

It should have been clear during the planning and approval process that your construction could cause such problems by being set off to the front.

It should be investigated whether there is a planning and/or execution error.

Otherwise, the neighbor must bear the costs, as their extraction system needs to be raised. If the chimney sweep has imposed this requirement, the neighbor must comply with it.

If the neighbor cannot understand the obligation to bear the costs, they must hold the architect or builder liable for damages.

In any case, you are not responsible for the faulty extraction system of the neighbor and do not have to bear any costs.

Lastly, I would like to point out that this platform cannot replace a detailed and personal legal consultation. The sole purpose is to provide an initial rough assessment of your legal issue based on the information you have provided to a lawyer. The legal information I provide is based solely on the information you have provided. By adding or omitting relevant information in your description of the facts, a completely different legal assessment may result.

I hope I have been able to give you an initial overview and that my explanations have been helpful. You are welcome to contact me through the follow-up option on this platform.

Furthermore, I am available for representation if needed. The initial consultation fee would be credited in full.

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Best regards,

Steffan Schwerin
Lawyer

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