I need help with a flue issue please!!

[Helpahomer]

Hi, we have just moved into a new house, the solicitor checked the party wall agreement all seems ok, but we are worried about next doors flue, their builder said it was ok, as it was 8 inches away from the boundry ( including the guttering) I have draw a map, can someone comment on whether this is aloud? the flue, is 1.8m off the ground...
Cheers

Untitled

• Helpahomer
• 18 Apr 2008
• 1

 

[Agile]

Well their builder would say that wouldn't he!

There is no automatic right for anybody to discharge flue gases across someone elses land.

If it does not bother you then its unlikely to pose any danger so you could ignore it.

On the other hand if you want to sit in front of it during the summer then it might be a considerable nuisence.

Has it just been fitted? If so then it does not sound as if it has been installed by a CORGI and you should consider complaining to CORGI and get them to inspect it.

They should be investigating the non registered instal aspect but we have little faith in their determination to stamp out unregistered gas work.

Tony

 

[GasMan1965]

So where is the actual boundary in your drawing ?

 

[Agile]

So where is the actual boundary in your drawing ?

I think its the thick line between "our garage" and "next door" !

Garage is single story forming a link attached

Tony

 

[GasMan1965]

So where is the actual boundary in your drawing ?

I think its the thick line between "our garage" and "next door" !

Garage is single story forming a link attached

Tony

If thats the case then its too close aint it ?

Below 2m should have a flue guard as well !!

Contact CORGI

 

[Helpahomer]

Agile: We want to build a lean to.. i dont think he is corgi....

Gasman: The boundary is the line between the garage and next door house.

Agile: Yes single story garage with roof attached to their house with aprty wall agreement.

 

[Agile]

They have no right to discharge over your property.

Tell them in writing to remove it, complain to building control about the position of the flue AND that it has not been fitted by a CORGI, complain to CORGI that it has been fitted by an unregistered builder AND that it discharges over your property causing a nuisance.

When you fit the leanto shed DONT screw it onto your neighbours wall ! You might find that dreadful woman who has posted on here about her legal fight with her parents neighbours over their leanto shed.

I had a dream last night about this pretty hotel receptionist who was being unhelpful to me, started to cry and then tried to hit me but I ducked. I must have been watching too much Hotel Babylon!

Tony

 

[Helpahomer]

They have no right to discharge over your property. Tell them in writing to remove it, complain to building control about the position of the flue AND that it has not been fitted by a CORGI, complain to CORGI that it has been fitted by an unregistered builder AND that it discharges over your property causing a nuisance.

We don't want to fall out with them, this is the problem, so i would rather get all the facts together and present it to them poliety, hence being here..

So what about building regulation on the extensions, is 8inches correct?

Can you use guttering in this measurement?

Whats the distance the flue has to be away formthe boundry line?

 

[D_Hailsham]

Read Approved Document J, which gives guidance on location of flues. Paragraph 1.51, Diagram 34 and Table 34 are relevant.

Although the recommended distance is 600mm (Table 34 item J), smaller distances are acceptable, provided they are safe. The recommendations are there to ensure safe working; nuisance and inconvenience to others is not taken into consideration.

Your neighbour could installed a vertical extension to the flue so the plume is discharged at a higher level. But there is no obligation for him to do so, apart from consideration for his neighbours.

Depending on how well you get on with your neighbour, it might be worth approaching him and offering to make a contribution towards the cost of a flue extension.

 

[GasMan1965]

Why didnt they exit to the rear or if its a single story extension they coulda gone vertical

At the end of the day its wrong so speak to the neighbour ASAP with your findings

 

[D_Hailsham]

They have no right to discharge over your property.

But they are not discharging over the OP's property; the end of the flue is within the neighbours property. What the wind does with the discharge from the flue is not the neighbour's responsibility.

 

[Agile]

They have no right to discharge over your property.

But they are not discharging over the OP's property; the end of the flue is within the neighbours property.

We may not know exactly what kind of flue this is but the expectation is that this is a typical fan flued terminal which discharges perpendicularly to the wall directly towards the OP's garden.

The Document J is solely concerned with the safe operation of the boiler. It has no relevance to nuisance. In the absence of any actual law about discharging towards a neighbours land, Building Control and EHO's usually work to the draft proposal that a flue should not discharge towards a neighbour unless the first 2.5 m is within the discharger's ownership.

In addition to the foregoing advice, the OP can complain to the EHO that a statutory nuisance is being created and the EHO can issue a Stop Notice to the user of the offending boiler.

Us CORGIs go to a lot of trouble to ensure that we only fit boilers which safely discharge without causing any nuisance. Its very disappointing to hear of unregistered builders who totally flout the rules and regulations and because some neighbours are keen to stay on good terms they often get away with it.

I would advise that you tell the neighbour very firmly that the flue has not been installed by a CORGI and has been fitted in a totally unacceptable position and must be moved ( at their expense ). If they refuse then tell them that you will have to report the situation to Building Control and the EHO.

Its doubtful that the neighbour is at fault himself but most likely that he has been hoodwinked by a cowboy builder.

Tony

 

[D_Hailsham]

We may not know exactly what kind of flue this is but the expectation is that this is a typical fan flued terminal which discharges perpendicularly to the wall directly towards the OP's garden.

That's what I surmise from the OP's description

The Document J is solely concerned with the safe operation of the boiler. It has no relevance to nuisance.

You are repeating me, but that's OK

the OP can complain to the EHO that a statutory nuisance is being created

What statutory nuisance exactly?

tell the neighbour very firmly that the flue has not been installed by a CORGI and has been fitted in a totally unacceptable position

It might be wiser to find out who the installer was and checking their CORGI registration first, before making wild accusations which may not be true.

 

[Agile]

the OP can complain to the EHO that a statutory nuisance is being created

What statutory nuisance exactly?

I expect you really meant to say which statutory nuisance!

He could take his pick of some or all this selection of statutory nuisances:-

noise
smoke
fumes
gases
dust ( little I know )
steam
smell
effluvia*

Tony



*a slight or invisible exhalation or vapor, esp. one that is disagreeable or noxious

 

[D_Hailsham]

the OP can complain to the EHO that a statutory nuisance is being created

What statutory nuisance exactly?

I expect you really meant to say which statutory nuisance!

I shall do a hundred lines

Thanks for the list. I did a search for "statutory nuisance" and eventually found the Environment Protection Act 1990 79.1(c) "fumes or gases emitted from premises so as to be prejudicial to health or a nuisance;"

Like all legislation it then leaves plenty of room for lawyers to earn their crust as it give a definition of prejudicial to health, but not of nuisance

Whether water vapour is prejudicial to health is debatable and a plume of water vapour may be unsightly but is it a "nuisance"?

Bring on Rumpole