Wires

[Kilroy62]

A Neighbour has developed the property beside us without completing party wall agreements. The Council have granted them permission to develop into three seerate homes. 

However we now have 6 fly wires by our bedroom that create quite considerable noise from wind. I believe 2 at least are disused as we changed and the owner of tht other which is next door is no longer there. These wires cross our property frm a telgraph pole 25 foot away but traverse across our property from left to right as you face the front and are less than a foot away from the top of our bedroom window.  We would like them moved and asked for them to not be attached to our property at all and to keep them further away from our window. There are 4 other lines also close that go to two doors away again for the same development reasons. It is not like for like as in the 2017 Act it is had one, but now have 8

The adjoining property owner has repeatedly failed to respond and also ignored all the building regulations and was served with Council notices on other matters.  So any chance of reasonableness is not an option. Can we ask Openreach to review all tose lines - remove those that are defunct and move those that are by the bedroom further away even if they are still on our property they will not create such a noise pollution issue?

If we can do that does anyone know who to raise this with?

All replies gratefully received and we are BT customers

[Starman · Accepted solution]

This is a BT Retail customer forum as this matter relates to Openreach assets you will need to contact them directly.

https://www.openreach.com/help-and-support/when-to-get-in-touch-with-openreach

Click on the "EiVA" AI icon and select contact us. This appears to be more a wayleaves/oversail/flying wires issue but I'd suggest doing down general contact or potentally health and safety section.

Quick review of Wayleaves section has this heading at the bottom -

What are flying wires?

These are wires which “fly” across one property from telegraph poles on another property. We’re sometimes allowed to install these without needing a wayleave, but only if:

• we don’t need to enter the property to do it

• the wires are 3 metres or more

• they don’t interfere with normal business at the property.

[Kilroy62]

It is a flying wire issue there are 13 servicing 3 houses. 2 are definitely obsolete but two house have been redeveloped recently and did not ask permission for the flywire change from 2 to 11. 4 of them attach 3 inches from our window of the semi detatched house adjoining. so well within the allowed distance. the interfere with sleep as the wind causes them to move and vibrate creating quite a loud noise issue. Health and safety on EiVA does not allow for this and is about damage mostly or injury. General Contact form has not enough space but will try again tomorrow. From what I gather the ECC Act 2017 should cover this and managed to get a template form. Has anyone ever applied?

[Keith_Beddoe]

https://community.bt.com/t5/The-Lounge/Flying-Wire-Removal/m-p/2139641

https://www.legislation.gov.uk/ukpga/1984/12/schedule/2/crossheading/power-to-fly-lines/enacted

[iniltous]

The main points of the flying wires act are that a property owner doesn’t own the space  above their land or property so the licensed operators have  the right to fly a wire across this space ,  it doesn’t grant access rights to this land for the Operator, if access is needed to install the wire  , the wire needs to be  at least 3m above ground , and if it passes over the top of a property ( so above a roof )  at least a 2m clearance, there is no ‘limit’ on the number of wires  , and if the wire runs parallel to a property the it’s only a rule of thumb that it shouldn’t interfere with windows opening ( but that’s as much as to not have a fault liability on the wire as a right of the householder to not have interference with the window opening ) strictly speaking the 2m clearance only applies to going over a property, it’s not a minimum clearance from a house wall .

As this is a BT Consumer forum , and BT Consumer have no more or less ‘say’ in what Openreach can and cannot do , than any other provider , like Sky or Talk Talk , then as advised, you could try contacting Openreach , but there probably isn’t much they will do .

[Kilroy62]

Hi Iniltous - Thanks for that clarification - that is helpful because of the change of purpose by the developer adjoining our property it does prevent windows openingnow as their old bedroom is now a kitchen diner adjoining our bedroom and they have gone up another level, I am trying to contact Openreach but do not expect much sucess at present but it will become interesting later as more building work will take place and all the wires will have to be removed or they will be damaged as the building work will be higher than those wires. I suppose though that will be the developers problem then.