Neighbour proposing to site boiler flue within my boundary

[KTL]

I live in a ground floor flat in a converted house which is slightly set back from my next door neighbour to the rear. I have a small patio which is walled and we share a party wall which forms one side of my patio. She is planning on having a boiler fitted. There is a communal boiler in the basement which is shared by the rest of residents but she has now decided to have her own installed. I had already enquirer where the flue was to be sited but she did not give me a clear answer.

Southern Gas arrived in Monday to start work on extending gas pipe from a side driveway to her flat.

On Tuesday when I got home from work I noticed a newly chalked line on the shared wall above my little shed within my patio. Clearly someone had come through my gate on to my patio to make the mark.

I later asked my neighbour where she planned to have flue and she said where the chalk line was. I politely said she wouldn't be able to site it there as it was within my boundary but she insisted as it was her kitchen wall she could do so. She said there was no other place to site it. When I asked if her contractor had considered a plume management kit she replied she didn't have to discuss it with me!

Now am I going mad or can someone confirm this clearly breaches building reg J & as its a party wall she should have bothered to tell me beforehand of her intentions re flue and indeed asked for my consent to agree to it, which I do not.

I had also informed her a couple of wks ago of my intention to put in planning permission to build an extension on my patio, but had no plans to show her yet. I don't probably intend to build it, likely to sell with PP in place but hadn't mentioned that to her. So clearly given these plans I would not be happy to have her flue spouting plumes into my patio & even if I didn't submit plans I would not agree to this as it clearly contravenes my space & rights to enjoy my patio. My PP went in yesterday & id told her the council will contact all neighbours. Expected her to lodge a complaint but didn't think she'd go this far to scupper my plans if this is what this is. Any comments, advice most appreciated.

 

[Youllneverguess]

Simple answer is no...

There is a fairly recent discussion on this.

 

[doitall]

Phone building control and Gassafe register.

Get the name of the installer if you can they may not be registered.

Not altogether sure she isn't right, perhaps you could post a pic.

If it's a multiple occupancy building, is there a property maintenance in place, what do they and your deeds say.

 

[KTL]

It's a converted Edwardian house. We all share freehold & pay annual service charge for maintenance, buildings insurance etc. Have taken pics this eve so will try to post.

I'm due to see Prop Management director tonight - he also resides within the complex ( 2 converted houses, shared communal garden & opposite these a 2 storey building with 12 flats, he owns 3 of these) I'll be asking him about deeds rights etc

 

[KTL]

Er sorry could someone advise how to Upload pics, I looked at how to thread but can't work it out, thnx

 

[transam]

gas reg 27 (5) No person shall install a flue other than in a safe postion !

ect ect products of combustion will safely disperse & not present a hazard to any person wether in the premises or in adjoinig / neighbouring premises

The location needs to take into account adjoining / neighbouring props ! The location needs to take into account any possible developments in neighbouring props eg extensions , any flue should therefore be sited so as to discharge at a safe distance from any boundary with adjoining premises

 

[KTL]

Spoke to council building control today, all said was that the gas safe cert would be sent to them oboe work done which would confirm it meets building regs.

I explained I was trying to nip it in the bud before flue fitted to save neighbour hassle to have to move it once I complain if she does go ahead & prob save contractor money too!

He suggested I contact contractor but I don't know which contractor she is planning to use & after last nights outburst I doubt she'd tell me!

However very helpful man from gas safe technical helpline confirmed it likely to contravene building regs & suggested same advice to contact contractor, but at moment I can't

 

[Phill Peck]

Basically your neighbour is not allowed to put it there.

If she does it anyway call gas safe or an inspection

You cannot pollute a boundary any decent installer wouldn't do this

How close is it to any of your windows/ doors would there be risk of fumes entering your building

 

[doitall]

Makes you wonder whether he is registered if he intends to install it.

Put a note through the door, date and keep a copy

Explaining what the building control and Gassafe have said.

May even pay to send them a copy as well.

 

[Onetap]

It is trespass, both for them to enter your property to mark lines and to put a flue terminal on your property. You would be able to sue the installer and/or neighbour for damages.

The installer probably knows he shouldn't install it without your permission, he's just hoping you don't know.

 

[snb]

you need to put in writing to the neighbour stating that they need to follow the rules of the party wall act.

It would be a good idea for you to read this as well.

This act was brought about in 1997 purely for these kind of works.

 

[KTL]

//www.diynot.com/network/KTL/albums/

posted pics here

 

[Deleted member 63160]

If by some stretch of the imagination they do go ahead, stuff a potato
down the flue. When they come round to complain, tell them to get their
f*%kin flue out of your potato and out of your garden while they're at it.
Ball back in their court, their problem not yours.

 

[Youllneverguess]

So is that fence the boundary line?

 

[Bunnyman]

Simple this one the boundary line is her wall, she cannot break this boundary not even for the prv or cond pipe let alone a flu, I had one last year I had to rectify after another unamed installer did similar gas safe issued a notice on it

Untitled

• Bunnyman
• 26 Mar 2010
• 499