Surveyor query

[jb181]

Hello all,

Need some advice, I think the question fits this forum best.

Have a problem with the location of a neighbour's flue (posted the full details on the plumbing subforum) - I've been advised by a solicitor that I would need to get a surveyor's report (I'm assuming it's to reference location + possible damage to my property) before any action could be considered. I left things at that for a while, but I think I would like to get this done - even if just for my peace of mind.

Problem is, I can't find a company that will do this and I have really tried. Is the advice that I've received correct and a surveyor is the person for this type of work ?

 

[jeds]

I would clarify what the solicitor means by 'surveyor'. As a chartered surveyor myself, I could do a report but I would think a report by a heating engineer would be equally appropriate - if not more so.

 

[jb181]

Thanks for the reply - I'd need to get back in touch and as this was done through the house insurance, I'd probably need to be able to demonstrate damage, before I could access a solicitor again.

Although I assumed chartered. as heating engineer would quote approved doc J - which isn't legally binding (I've been through this dance with building control and Gas Safe) and I (again) think the solicitor was after something formal about damage etc.

I don't know, anybody been in a similar situation before?

 

[jeds]

Without knowing the detail, it might be difficult to show that a flue is harmful to health, even if it doesn't comply with regulation, but a flue could be a private nuisance, in which case you only really need to be able to demonstrate the presence of the nuisance .

 

[jb181]

It's not so much health, more damage to my property - there's a lot of condensation building up under the soffit (which isn't a vapour barrier so I don't know if there's potential for damp to build up there), I've been recording this on and off and noticed some (more) run-off down the wall today.

The position that I'm in is that all of my options are effectively shut down - apart from going directly to solicitor, without legal cover. That's why I've been looking at the report option again - even if it's a case of "although not complying with building regs unlikely to cause damage" then at least I know, or if it's the opposite - I have something to chase my local authority with and raise another case with legal cover,

 

[cdbe]

You would be far better just fitting something to deflect the plume and forgetting about it. A bit of wide soffit or aluminium.

 

[^woody^]

For flues, the person to consult would be a Gas Safe registered person - preferably one in a senior position able to prepare a coherent report. Or, and Environmental Health Officer if the problem is the flue gas exhaust causing a nuisance - which damage to property would be under the EPA 1990.

What your solicitor should be advising you, is what action is available to you and under what legislation. Then you appoint experts who are able to report and comment on that area of law.

However, its the solicitors who should be guiding you, especially if this may be going to court under the Civil Procedure Rules, as any report you have now, may not be suitable later on and may not be relied upon.

 

[wessex101]

I think the OP is more concerned about potential damage to the fabric of the building caused by the flue gases, in particular the condensation on the external surfaces.
It is a bit niche but I would expect a small local Chartered Building Surveying practice would be able to prepare a report. Having said that I'm struggling to imagine what damage would be caused other than cosmetic discolouration with mould growth or something similar. But then we don't know what the materials are that are being subject to the heavy condensation.
One thing to consider is the fact that the condensation is occurring on the soffit, I assume this is a roof soffit so is the roof ventilated? Can the moist air from the flue get into the roof void? Also can the noxious gases from the flue get into the roof void?
If only we had a photo.

 

[^woody^]

It would be for whoever prepares the report to conclude whether the flue does or may cause a problem, not just support the client's belief that it does or will.

 

[jb181]

Thanks for the replies all - what I've done is follow cdbe's advice - I've spent so long trying to get to get people to do the right thing and just vent the flue upwards (it's discharging into an enclosed entryway), I didn't really think about trying to deflect the plume. So I've grabbed a bit of plastic dust sheet and used that - clipped to the gutter a few bricks at the base, it looks odd (to say the least). I'll see what happens over the next few weeks - may need to tinker a bit.

@wessex101 - Yeah it's more the notion of vapour seeping under the soffit and damp or whatever building up over time. Which now that I'm typing it out does sound unlikely. If the offer is still there and my current arrangement doesn't work - I'll add a couple of photos to this thread.

 

[cdbe]

Ultimately needs a plume kit, possibly a new flue as the existing might have been cut a bit short to allow the plume kit to clear the gutter.