Neighbour requesting I move boiler vent installed pre 2002..

[3549950]

Hi gang, first time user- but given the quality of the advice I've seen on here, you may be able to help.

I've lived in a property in Sussex for about 10 years in a semi detatched wooden house (colt style). About 2 years ago some new people moved next door, and we've had all sorts of problems - (unfair) complaints of excessive noise, large amounts of banging on the wall, all sorts of shouted abuse... all a bit of a mess, and our attempts at being nice and communicative have all failed. Oh well, live and let live...

Anyway, today I came home to a letter that they had posted to us, pointing out that they would like to put a lean to conservatory in a corner of their garden, next to the boundary fence between the two properties. Now, somewhat strangely, out property extends past the boundary i.e., internally the wall that seperates the two properties isn't inline with the fence on the outside. Our boiler is in this far corner of our kitchen, and, therefore, lines up outside as in their garden (if you follow me, hopefully I've explained it right).

The boiler vents into their garden, and of course, they have asked (and given us 28 days) to move it, as quite rightly they point out it can't vent into their new intended conservatory.

Now, this was installed before 2002, when I beleive building regs were changed to not allow new installations to be vented onto the property of others. I've contacted local planning department to clarify this. I think it's section K?

Any hoo, I just thought I'd get the opinions of others on this. The expectation of course is that we do the (fairly disruptive) work, within 28 days, when I of course have no real legal reason to do so. I don't think there is a legal recourse that *forces* me to do it; as mentioned it was pre 2002 regs. I also, if I'm being completely honest, cannot *afford* to do it either! So, well, I'm not sure what I should do.

I intend to write back to them to suggest we meet to chat, but want to put this in writing first of all just in case things get a little frisky. But I just thought I'd sense check this.

Am I being unreasonable by not doing work (that is for me unnessecary, disruptive and costly) when I legally, and I guess socially too have no real reason to!

Thanks guys - any thoughts?

 

[electronicsuk]

Am I being unreasonable by not doing work (that is for me unnessecary, disruptive and costly) when I legally, and I guess socially too have no real reason to!

Thanks guys - any thoughts?

I think that if you're representing the story in a fair and non-biased manner then you should avoid pandering to your neighbours requests if at all (legally) possible. It doesn't sound as if they deserve it.

 

[simond]

If I read your posting correctly, it boils down to;

I had a boiler installed pre 2002 with a flue outlet into my neighbours property (garden). They now want it removed, do they have any rights?

If I interpreted your question affirmatively, you had no right doing this in the first place and you will have to move it. There is a quick way and a long way, the long way will have the same result but will be twice as expensive with legal fees.

 

[lightning]

Can you post a picture

 

[3549950]

Hi Lightning - it's pretty tough to post a pic, but I'll see if I can sketch it, and then post that.


Simond - yeah I've just read it again and you're right, I wouldn't have done it like that if I installed it - but to clarify what I should have said is "I moved into a property in 2000, and there was a boiler installed when I got here."

Just to be be clear, we didn't install it - it was here when we moved in.


Does that change anything?

 

[transam]

When installing a flue outlet one should take into consideration that if it encroaches on a neighbours property or up to there boundary they are fully entitled to build up to that boundary the flue should have been installed with this in mind !! as I see it as long as they are not encroaching onto your property you have a problem !! most of these problems are with roomsealed appliances ect , in the unlikely event that it was an opened flued boiler which if interfered with could cause a danger to the user that your neighbours would need to excercise a duty of care , however the end result would be the same flue would need to be moved !

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

1998!!!!!!!!!!

 

[Servotech]

Building regs' are not retrospective,therefore you are in the clear.

 

[transam]

Gas safety & use regs 1998 or one could go back to 1994 or even 1984 perhaps !!

 

[mikeyd]

Write a reply, telling them that if they wish to move your boiler flu outlet then as long as they contract an approved engineer then you are happy for them to do so.

And demand a reply within 14 days.

Keep a copy of your correspondence.

 

[3549950]

Some really good advice here guys thanks - although of course I guess it's fairly confilicting! It's in a safe place; back wall of a property. Isn't that where they all go?

It sounds like the building control man is going to have an interesting time with this one.

I suppose it comes down to a question of whether it hits a legal action - I wouldn't like to say "Errr, no I'm not going to move it (and you can't make me!)" if they of course *can*. If it's unsafe for them, well, I'm interested in why it's unsafe, it never has been before / professionally installed etc

Of course, I *can* see it from both angles: I'd be pretty p****d if I wanted to build something where my neighbours vent was, if the situation was reversed. I guess I'd have a conversation about it and say 'look, is there something that we can do...?' as opposed to saying "YOU HAVE 28 DAYS".

But yeah, I guess it's that legal side of it. Is my property breaking the law...

 

[transam]

Gas safety & use regulations 1998 state REg 27 (5) no person shall install a flue other than in a safe postion !!!!!

Which means para 182 of those regs @ A flue should be installed in a safe postion which ensures that it will operate effectively & hat products of combustion will disperse safely & not present a hazard to any person wether in the premises in which the appliance is installed ect ect

It also states


The location needs to taake into account any possible developments in neighbouring property eg building extensions . Any flue should therefore be sited so as to discharge at a safe distance from any boundary with adjoining premises !!

Its a lousy situation that you have inherited but as I see it legally you have no case your neighbours are entitled to build irrespective of your boiler in fact technically if there works actually stopped your boiler from working than you still would have no case !!

 

[3549950]

Ta transam -

That's not the bit I wanted to hear - but I appreciate the steer....

Bugger it - I guess that section about future developement and extensions could be the clincher...

 

[transam]

I would have to agree it is a bit of a bummer but there you go However not that it would probably help you ??? there is I believe a little known building reg somewhere concerning maintenance of buildings eg when ever alterations are made to buildings consideration should be taken about future maintenance , for example if you lived in a 1st floor flat & the person on the ground floor put up a consrvatory , they should have given consideratiobn as to how you would maintaain & or repair your windows or clean the guttering ect that are above it can it be done ect !!

 

[dreadnoughtheating]

Sue your Mortgage surveyor for all you can, He/She would have no doubt noticed this, and obviously did not mention it in the report that you read from end to end before signing on the dotted line. 'Where there's blame there's a Claim'

FFS, get an RGI in and a quote for a High efficiency steamer that will save you money in the long term.

be the best neighbour you can.

DH

 

[big-all]

i could be wrong but what have gas regulations got to do with tresspass !!

your flue is tresspassing on there land they have tollerated it as it suits them to be nebourly
now they request its removal
have checked for an easement on your deeds permitting the vent to overhang!!