Can a flue gas outlet be placed under my balcony?

Questioner

I am the owner of an upstairs apartment, the part below me is rented. The co-owner in the VVE has a majority share and refuses a VVE meeting. He has 2/3 and I have 1/3. 2 years ago my downstairs neighbor started a major renovation. Among other things, several new flue gas channels were placed in the facade at the back of the house. Now there have been problems with the permit from the beginning, because it was not applied for. Afterwards, a lot was approved by the Environmental Service of the municipality. 1 flue gas outlet is placed about a meter under my balcony. Now that it is getting colder outside, you can clearly see that every now and then a large plume of smoke blows up onto my balcony and hits my windows. I do not feel comfortable with this, because it can enter my living room via the ventilation grilles. This also prevents me from opening a window or door. From what I have been able to find, it seems that the installation has been placed on the border, but that it is not allowed to cause a nuisance. Unfortunately, I have not found an installer willing to respond to this in writing, because they do not want any possible involvement. What is the best way to approach this? Thank you in advance.

Lawyer

The municipality only checks whether the building requirements and zoning plan are met when issuing permits, not civil issues such as unlawful nuisance from neighbours, more specifically nuisance from smoke gases and their precipitation on windows. Depending on the seriousness, the extent and durability of the complaint, it can be unlawful nuisance from neighbours. That really depends on all the circumstances and can then be tested against the case law on this subject. If the nuisance can be resolved by a simple and reasonable solution, you may certainly request that. Do you need help with writing and searching for the correct legal procedure and referral to laws and case law, please contact me? (info@rechtinjestad.nl)