Boiler flue position nuisance (yes that one again...)

[riggers386]

...
But they all cost you money as you cannot make anyone on benefits pay anything. That's why they can behave so badly!

I also take the view that the installer could reasonably have forseen that it was going to cause a nuisance!

Thanks Tony. Agree on both counts.

The 140mm I quote is from the centre of the party wall to the edge of the flue outlet, as you can see. Not sure if you meant the metal edge of the flue terminal overall. The boundary is actually behind his soil pipe, about 30mm from the right hand edge of it, on the pic. (You can just see the different colour of the pebble dash, if you look closely.)

I was working near the back door when the installer was talking to him. Part of the conversation went "...well your neighbour might complain, if I don't..." (I'm assuming he was referring to fitting a plume management kit.) So he was obviously aware there could be problems.

As I said earlier though, things had quietened down at the time, and though I mentioned it to him, I didn't want to press the issue, in case it started the little s**t off again. He has nothing to do all day but make a bloody nuisance of himself; my wife and I have a living to earn. So typical of the @rse-about-face country we live in, now.

 

[riggers386]

The Environmental Health Department got back to me, dismissing the statutory nuisance claim (as I expected they would,) but I have to say, the letter is obviously written by someone who hasn't a clue, and has made so many errors in their assessment that they'll have a hard job justifying it to the ombudsman. I'm escalating it to the next level now, prior to taking it up with the LGO.

I'm not taking it to the magistrates court under section 82: this @$$hole's on benefits, so it won't cost him a penny, whereas I'll end up paying, even if I win.

So if all else fails, I've decided to erect a screen on the wall, 1m high and 500mm deep from our party wall. That will take the fence (for that short distance) 700mm above the maximum height of 2m, but I don't care - I'll have done everything I reasonably can to stop this nuisance. If the planning dept. want to object, good luck to them.

 

[Dan Robinson]

Keep us posted dude.

 

[gazdaz36]

This might not be exactly the best solution but should definitely raise an eyebrow.
1-fit a co detector
2- when neighbours boiler is firing your co detector APPARENTLY goes off 😉😉😉😉 wink wink!!!!
3- call gas emergency service for report of co and fumes

As I said it's not the best solution but gas emergency service will attend and even though your co detector won't be actually going off when they arrive, if they can see plumage from the flue entering your building and the atmospheric readings are ok the minimum they should do is raise a concern for safety notice to your neighbour.

 

[Dan Robinson]

They might use their pets of entry too

 

[riggers386]

Thanks both of you.... it's descended into a tit for tat exercise now: a woman from the council called yesterday, to investigate a complaint about noise - apparently coming from our house. It was the w*nker next door. The substance of the complaint? Our wc is flushed several times in the night (bloody anti social, I admit.) Showed her the WC - it's a modern one with a torbeck valve, so fills quietly. She laughed when I flushed it, apologised but said as they had a complaint they're duty bound to investigate. Unbelievable...

 

[gazdaz36]

What's he gonna do Dan knock on the door with a cute kitten and hope he gets invited in for a saucer of milk......... Lol

 

[Dan Robinson]

Depends on the person dealing with it I suppose. .. But they do have right of entry and I have seen them rock up with police and locksmith.

 

[riggers386]

Right... well the council's Environmental Health Department passed my complaint onto their complaints department, who failed to answer a single (9 of them) points I raised, but suggested I write to Gas Safe (this after telling me in an email weeks ago, that Gas Safe are powerless to act...) But - so that I have some ammunition, in case I can be bothered taking the case to court - I did just that.

I got a letter back within a few days, saying that Gas Safe's remit is very limited: they can only offer the neighbour a free 'safety check' (which I know he'll refuse - or ignore the offer,) and that after that, when their 14 day offer to him expires, they can then carry out a visual inspection, externally (from my property, presumably.) They finish by saying it may be better to contact the local council's Environmental Health Department (!)

Now bear in mind - the flue terminal is just under 75mm from the boundary. So any of you gas fitters out there who are concerned you may be flouting the regs., by installing a flue that terminates less than 300mm from a neighbour's boundary line... don't panic: the regulations are completely unenforceable, as long as you can get away with it for 12 months.

I've written back and told them to go ahead and offer him the check.

I'll keep you updated...

 

[Dan Robinson]

A bloody farce.

I feel for you.

 

[riggers386]

Ok - Gas Safe have been as helpful as they can, within their remit - which is pretty limited, actually. They've written to him twice, to offer him a free safety check but he's ignored them, as I knew he would. So they phoned me yesterday and arranged to carry out a visual inspection from our side of the fence. Pretty limited in scope, I know, but at least if I can get them to confirm, in writing, that the installation isn't - and wasn't at the time of fitting - in compliance with regs., I have a bit of ammo to fire at the Environmental Health shower. The inspection is arranged for the 5th June, so I'll update then.

 

[Agile]

Its my opinion that Gas Safe can get at the installer because he fitted the flue within 300 mm of the boundary centre line of the party wall to the nearest part of the flue.

Then they can serve a Notice on that installer to correct the situation.

I am also of the opinion that they could also class the installation as unsafe because of the danger caused when POC enter your kitchen.

Of course in this case the installer could have been a subcontractor or an employee of whoever were providing the grant aided new boiler.

Tony

 

[riggers386]

Update: Gas Safe sent their guy to carry out a visual inspection on the 6th of June. He measured the distance from the flue terminal to the boundary at 125mm - way under the limit.

He promised to put his findings in writing, but he also said he'd be making a couple of phone calls - and I assume one of them was to the installer. We returned from our hols on the 16th, but there was no letter. But when I looked outside today - this is what I saw....

PMK

• riggers386
• 21 Jun 2014
• 1

 

[kidgreen61]

I'll bet a virtual pint that your neighbour has either

a) an all important elbow crutch, (without which he cannot walk), or

b) a motobility car, which I am paying for.

 

[TCCHeating]

Thanks for the update. Glad you finally got the problem sorted! Just goes to show a little bit of perseverence pays off. Just a shame it took so long!