Remove a flue without permission? Ask a lawyer!

Questioner

I own a house. Now my upstairs neighbor has removed the flue without consultation and permission, which also had a function for our house. Is this allowed without a permit and without my permission?

Lawyer

Because the flue is shared, the demolition may not take place without your permission. The demolition will be subject to notification, I do not think a permit is required.

Lawyer

I estimate that this is an apartment situation and that the smoke channels fall under common use, so that at least the VvE should have agreed in this matter. Apart from that, it also seems unlawful (and possibly dangerous) to me if your neighbor removes a common smoke exhaust channel.

Questioner

thank you for explaining this..i now have clarity on this