Neighbours boiler safety becasue of my new build.

[Agile]

I am surprised at some of the view being expressed here!

It seems quite simple to me that the boiler was incorrectly installed at the time and the neighbour has just exercised his right to build on his own land.

Of course, its surprising that the OP, any architect and the builder did not notice the problem and mention it at an early stage.

Because I support people taking responsibility for their own problems I would not even advise the OP to make any early offer to pay any of the cost of correcting the neighbour's installation.

Tony

 

[Mikefromlondon]

whatever, the typical scenario here is that " I got there first, I built mine there first, years ago, why didn't anyone raise an objection before? so you should have thought when you tried building yours too near my flue, so why should I move my boiler now"

or why should I have to extend my flue at my expense, if it is now interfering with your new development so you should pay for it, this will easily end up in a dispute, that may cost money more in terms of time and the aggro, and stalemate with your next door, so is it not better to take your him for a pint, and have a chat in a pub, the issue could be settled there and then, one way or the other, i.e. OK mate I will get a quote, or well lets sort this outside! and get your boxing gloves on!

If you or your neighbor starts a dispute over this, one of you will need an enforcement order for the other to change or remove or extend the flue or the porch. The planners or courts will decide on this, and will be costly issue.

As I said issues like this do not always follow legal guidelines, because his boiler and flue had been there for years, and no one had ever complained before and now it has become an issue, and the boiler may have been there well before the regs came into force as per DIA.

 

[Gasguru]

What are you talking about

The law has been in place for decades, the boiler was only installed in the last 10 years or so.

No one has the right to disperse their combustion products over a boundary. Whether the flues been there for years is irrelavent.

The neighbour has the problem....their boiler no longer works properly...because of the shoddy installation. Any decent installers take account of boundaries and the installation often cost more. I have absolutely no sympathy for the neighbour.

We don't know how close the flue is to the front door but it may well have been a hazard before the porch was even built.

 

[Phill Peck]

Obviously we can't see it. Which would help

But as stated their flue should not terminate over your boundary.
The installation was illegal before you built your porch (if I understand the situation correctly)

If building your porch has effected the safety of their appliance then even if not legally you probably have a moral obligation to at least help with the costs IMO

 

[ianmcd]

Are you sure that his boiler "shutting itself down a few times" has anything whatsoever to do with your extension ? who told either of you that this was the cause of the problem ?

 

[Mikefromlondon]

Pictures of the offending flue as well as your porch would certainly help us reach a sensible verdict, i just hope he has not build his porch kind of totally blocking his flue to within 10mm gap! then of course he will get condensation as that was what he was more worried about and now the neighbor's boiler is cutting off because it can't breath properly.

 

[D_Hailsham]

neighbour has been handed warning advice notice report stating that flue to close to boundary wall (my wall I guess) only 200mm should be at least 600mm

Who issued the warning notice and how did they get involved?

A diagram showing the original and current layout would help.

The flue could be infringing the "Statutory Nuisance" part of the Environmental Protection Act 1990.

79 the following matters constitute “statutory nuisances” for the purposes of this Part, that is to say—

(c)fumes or gases emitted from premises so as to be prejudicial to health or a nuisance.

The official Guide to when a non-condensing boiler may be fitted says:

Wall terminals should be sited a minimum 2.5m from a facing wall, fence, building, or the property boundary – compared with 0.6m as given in Approved Document J (gas and oil boilers)

The reason given is: to reduce the possibility of nuisance to neighbouring buildings.

 

[ianmcd]

neighbour has been handed warning advice notice report stating that flue to close to boundary wall (my wall I guess) only 200mm should be at least 600mm

Who issued the warning notice and how did they get involved?

A diagram showing the original and current layout would help.

The flue could be infringing the "Statutory Nuisance" part of the Environmental Protection Act 1990.

79 the following matters constitute “statutory nuisances” for the purposes of this Part, that is to say—

(c)fumes or gases emitted from premises so as to be prejudicial to health or a nuisance.

The official Guide to when a non-condensing boiler may be fitted says:

Wall terminals should be sited a minimum 2.5m from a facing wall, fence, building, or the property boundary – compared with 0.6m as given in Approved Document J (gas and oil boilers)

The reason given is: to reduce the possibility of nuisance to neighbouring buildings.

yes exactly my point , the reg is there to prevent a nuisance to neighbouring properties I have never come accross a fan flued appliance that would be affected and cause it to stop working intermittantly with these distances

 

[doitall]

Irrespective of issues with the flue, or anything else.

Regulation 34 in the Gsi&u regulation say the porch shouldn't have been built, until the flue was moved to a safe location.

Building the porch has put the occupants at risk and that dear readers is illegal however you want to argue the toss.

If someone dies, the builder of the porch will get done for manslaughter.

 

[ianmcd]

Irrespective of issues with the flue, or anything else.

Regulation 34 in the Gsi&u regulation say the porch shouldn't have been built, until the flue was moved to a safe location.

Building the porch has put the occupants at risk and that dear readers is illegal however you want to argue the toss.

If someone dies, the builder of the porch will get done for manslaughter.

I agree 100% with what doitall is saying my point is that it will not necesseraly sort their boiler out no matter where the flue discharges

 

[Mikefromlondon]

Irrespective of issues with the flue, or anything else.

Regulation 34 in the Gsi&u regulation say the porch shouldn't have been built, until the flue was moved to a safe location.

Building the porch has put the occupants at risk and that dear readers is illegal however you want to argue the toss.

If someone dies, the builder of the porch will get done for manslaughter.

Totally agree with this, it is the most sensible and logical conclusion, or an answer and hence why in my opinion the OP should now try to compromise with the owner of the flue, who may go half n half, but even if he refused, he is not obliged to extend his flue as it was already there before, and the porch was build after. But he may oblige due to his boiler stopping now and again.

 

[doitall]

As for as a solution is concerned a simple plume management kit may be all thats needed.

 

[CBF]

Answer in short is YOU. You will have to foot the bill.



He has been nice to not oppose you building that porch, so now new issues has arisen due to it, so you are better off compromising instead of falling out with your next doors, over a few pounds! (just my opinion, nothing to do with right of way or other laws) Or if he agrees to half n half. But in my view, it is your problem not his, though he is now having issues with his boiler going off, and if he takes this up with the local council, they may make you alter your porch and so you won't escape expenditure, and still fall out with him!

Another example, if your neighbor lets off a smelly one, right a few cms from your fence, and that foul air enters your air space, how you going to stop that, think logically! LOL (Unless he was operating an illegal home made power station churning out green house gasses, then you may have a leg to stand on)

you are talking complete crap & clearly have no clue when it comes to the regs, it is the neighbours that have had their boiler incorrectly installed so it is completely down to them to have the flue altered

 

[Mikefromlondon]

Answer in short is YOU. You will have to foot the bill.



He has been nice to not oppose you building that porch, so now new issues has arisen due to it, so you are better off compromising instead of falling out with your next doors, over a few pounds! (just my opinion, nothing to do with right of way or other laws) Or if he agrees to half n half. But in my view, it is your problem not his, though he is now having issues with his boiler going off, and if he takes this up with the local council, they may make you alter your porch and so you won't escape expenditure, and still fall out with him!

Another example, if your neighbor lets off a smelly one, right a few cms from your fence, and that foul air enters your air space, how you going to stop that, think logically! LOL (Unless he was operating an illegal home made power station churning out green house gasses, then you may have a leg to stand on)

you are talking complete crap & clearly have no clue when it comes to the regs, it is the neighbours that have had their boiler incorrectly installed so it is completely down to them to have the flue altered

huh! I am talking complete crap! Yup, but I live in a real world, where things happen differently to what the law says, that is why we have courts and panel of judges and adjudicators! sometimes you have to take a different approach than just exercising your legal right to maintain peace!

however, it will be quite interesting to see how this issue gets resolved, obviously one way or another, it needs to be resolved. Because it is no good OP suffering from condensation and fumes from his neighbor's flue and his boiler keeps cutting off!

 

[doitall]

you are talking complete crap & clearly have no clue when it comes to the regs, it is the neighbours that have had their boiler incorrectly installed so it is completely down to them to have the flue altered

Be interesting to know what gassafe or the HSE have to say about it.