My neighbours flue position...

[flub3007]

I'm looking to build a small one storey extension at the rear of my property (I'm semi detatched with my neighbour).

He has flue (which points down the garden) sited 440mm from the boundary line (fence), which is where a new brick/block (party) wall will replace it.

He is stating that I cannot build this and he will not sign the Prty Wall agreement as the wall is not 600mm from the flue and the flue will need to be moved, which I should pay for.

Is this right?? I was under the impression that 300mm was the compulsory distance. Oh and he doesn't have a condensor boiler, just a plain bog standard wall mounted boiler for heating & hot water.

Can anyone help??

Thanks.

 

[namsag]

Depends on what boiler it is and what manufacturers instruction say wether it will need moved , but yes 300mm is the distance mentioned in flue regs distances, this is from the centre line between the two building ie middle of cavity not your finished wall. is his boiler balanced or fan flued ie big or small terminal

 

[Agile]

You need to find out what make and model of boiler he has and see what clearance from an internal corner is stipulated by the manufacturer's.

Unfortunately the Party Wall Agreements is a new legal feature and I have not yet learnt all the implications.

I can only say that it does not seem right to me that someone can stifle development on adjoining land because of a flue which was installed on the assumption that he could always rely on no wall ever being fitted on the adjoining land. So I see him as morally at fault but legally he might have the right.

Tony

 

[flub3007]

The terminal is quite large and has a wire guard around it.

The nearest edge of the flue terminal is 440mm from the boundary line and faces down the garden. Interestingly he has a shed in front of the terminal which is 550mm from there nearest points.

Thanks.

 

[oilman]

Bit of blackmail seems appropriate. Find out who his insurance company is first, then suggest they might take a dim view of it.

 

[nickso]

hmm if you take the softly softly approach first you could explain to him that even if the wall was to be built within the stated manufacturers distance, the most it is likely to end up as is classed as not to current standards. its unlikely to make a difference to the actual operation of the boiler and certainly wont make a difference to a new one as its going to be a different flue.

he sounds like a real pain in the arse if he is refusing simply for that reason alone. have you checked what your rights are in this instance?

if softly softly doesnt work and you really want the extension i suppose you will have to wait until he dies or make his life a living hell until he signs the agreement.

 

[sambotc]

Sound's like he could be right, if it's a large square flue, it could be a natural draught balanced flue which require 600mm.

How high is it from ground level. If it's under 1800mm then surely by you putting a fence up you would be creating the same problem?

Agree it's a bit harsh for him to do what he's doing, all for the sake of less than 6 inches!

 

[sooey]

I don't know the legalities of this situation but if you built out to an inch or so short of your boundary
would that mean that it was'nt subject to this party wall agreement, and therefore none of his business, from that point of view anyway.

 

[namsag]

As it sounds balanced flue it is 600mm to internal corner .If his boiler was fitted after 1st april 2002 this should have been allowed for as the regs state any future extensions on boundary line should be allowed for. i If fitted before then there was no reg in place