extension being built neighbours boiler flue next to wall

[doitall]

You have the facts Woody, but not listening.

The wall cannot be built until the flue is moved.

The Op can pay for a new boiler in a different position (Probably cheapest option)

The Op can try and reason with the neighbour, and hope they agree.

Or they can go to Court and risk Loosing the case which I think is highly likely.

 

[glasgowgas]

as per my previous post....

does the OP require planning permission to build extension?

if yes permission would be denied due to the danger it WILL
create.

if no permission reqd and OP just batters in and f uck the neighbour, then neighbours flue becomes a RIDDOR reportable offence.

HSE take up legal action against builders, extension torn down.

 

[bengasman]

Well, I'll just wait for some answers on which legislation can be used to force someone to move their flue so that they can build a wall

Great, and in the mean time, refrain from giving advice about things you don't understand.
You are a liability, and if the op had followed the dangerous nonsense you put on this forum, the consequences could have been rather bad.

 

[mickyg]

And please don't get exited and start being abusive .. try and answer the question with some actual facts

there's few times when abuse is called for. But when some clueless numpty starts giving out potentially dangerous advice, abuse is warranted

 

[bengasman]

there's few times when abuse is called for. But when some clueless numpty starts giving out potentially dangerous advice, abuse is warranted

Wasn't me guv, honest. I just stated the facts.

 

[Agile]

The owner of land generally has the ability to do what he wants on it subject to planning permission etc.

Providing he gives adequate notice to the neighbour who is discharging his boiler POC without any formal consent, the neighbour will have to make alternative arangements.

Tony

 

[doitall]

Hold your bleedin horses a cotton pickin minute.

It is an offense to go anywhere near that flue, and an even bigger one if you make the boiler in question dangerous. I would also think you would be liable for the cost of reinstating the boiler and flue.

In my opinion for what it's worth, you would need to get Solicitors and maybe even a Court involved if they didn't want to move it.

One thing is certain, you cannot block it up or build over it, in a way that would make the appliance unsafe.

So did I Ben, 1st reply after Mr Agile

 

[doitall]

The owner of land generally has the ability to do what he wants on it subject to planning permission etc.

Providing he gives adequate notice to the neighbour who is discharging his boiler POC without any formal consent, the neighbour will have to make alternative arrangements.

Tony

Wrong Tony.

The flue was most likely legal when it was installed in the 90s.

If it was installed in a new build, there may even be a covenant or clause in the deeds.

There may have been an agreement with the neighbour, when it was installed.

The neighbour doesn't have to do anything, unless a Court orders it, which in my opinion is unlikely.

 

[kirkgas]

[q

and if it was my neighbour who rendered my flue unsafe they would also receive a kick in the R.S McColls

top post Glasgow, we can always be relied on to bring any post down to our level,
PS at the risk of hijacking this post where were you last week when i was posting about the mob v the ruskies, nearly round 2

 

[doitall]

old flue regs

MINIMUM SITING DIMENSIONS FOR FANNED FLUE TERMINALS POSITION


A DIRECTLY BELOW, ABOVE OR HORIZONTALLY
TO AN OPENING, AIR BRICK, OPENING
WINDOWS, AIR VENT OR ANY OTHER
VENTILATION OPENING. 300
B BELOW GUTTER, DRAIN/SOIL PIPE 25
C BELOW EAVES 25
D BELOW A BALCONY OR CAR PORT 25
E FROM VERTICAL DRAIN PIPES AND SOIL PIPES 25
F FROM EXTERNAL CORNERS 25
G ABOVE ADJACENT GROUND OR BALCONY LEVEL 300
H FROM A SURFACE FACING THE TERMINAL 600
I FACING TERMINALS 1200
J FROM OPENING (DOOR/WINDOW) IN
CAR PORT INTO DWELLING 1200
K VERTICAL FROM A TERMINAL 1500
L HORIZONTALLY FROM A TERMINAL 300
M FROM INTERNAL CORNERS 25
MINIMUM SPACING in mm

 

[bengasman]

The owner of land generally has the ability to do what he wants on it subject to planning permission etc.

How do you interpret 38-1 Tony? Seems pretty clear cut to me.

 

[matt1e]

..So in this case the OPs rights to build under established common law take precedent, and once the wall is built it becomes the neighbours responsibility to sort out his flue location because the OP will have done nothing wrong and has built as of his right to build

Presuming that you are actually capable of reading and understanding legislation, have a look at GSIUR 8-1.

It very clearly spells out that NOBODY shall make ANY alteration to ANY premises in such a way that if the gasfitting was installed AFTER the alteration, it would fail to comply with the regs.

mmm i enjoy a good debate but I think that you are reading it wrong bengas ,here is 38-1

Existing gas fittings
8. - (1) No person shall make any alteration to any premises in which a gas fitting or gas storage vessel is fitted if that alteration would adversely affect the safety of the fitting or vessel in such a manner that, if the fitting or the vessel had been installed after the alteration, there would have been a contravention of, or failure to comply with, these Regulations.

he is not making an alteration to his neighbors premises he is altering his own

The owner of land generally has the ability to do what he wants on it subject to planning permission etc.

How do you interpret 38-1 Tony? Seems pretty clear cut to me.

I have to side with agile and woody on this one and if you look at 38-2

(2) No person shall do anything which would affect a gas fitting or any flue or means of ventilation used in connection with the fitting in such a manner that the subsequent use of the fitting might constitute a danger to any person, except that this paragraph does not apply to an alteration to premises.

doesn't seem so clear cut to me
and anyway under the party wall act section 2 (2)(g)

A building owner shall have the following rights—
a-f blah blah blah
g)to cut away from a party wall, party fence wall, external wall or boundary wall any footing or any projecting chimney breast, jamb or flue, or other projection on or over the land of the building owner in order to erect, raise or underpin any such wall or for any other purpose;

seems a bit more clear cut to me, but saying that -section 2 (5)

(5) Any right falling within subsection (2)(f), (g) or (h) is exercisable subject to making good all damage occasioned by the work to the adjoining premises or to their internal furnishings and decorations.

maybe not going to be without some extra cost to op
matt

 

[Agile]

I have just consulted my solicitor and she agrees with me.

Coincidentally she has advised her friend on exactly the same problem. The friend has orally advised the neighbour and is awaiting planning permission.

Tony

 

[doitall]

I have just consulted my solicitor and she agrees with me.

Coincidentally she has advised her friend on exactly the same problem. The friend has orally advised the neighbour and is awaiting planning permission.

Tony

In that case you need to get a new Solicitor quick.

 

[Agile]

The solicitor is a housing litigation specialist so a useful person to know!

The opportunity for a neighbour to object is at the planning permission stage although I would be surprised if many planning authorities would withold permission.

They would have the ability to make it condition of consent that the flue is resited at the applicants cost.

If a planner did that to me then I would appeal against that condition and expect to win.

The applicant could also apply for an injunction to stop the neighbour discharging POC across the boundary.

Tony