Boiler Flue in Neighbours Garden

[Norman63]

I've searched through and not found an answer to my exact question.

I purchased my purpose built maisonette in 2018 - it was built in the early 90's. My combi boiler has the flue straight out behind it but even though it exits my wall, it is technically located in my neighbours garden. I haven't changed the boiler since I moved in. The flat above me has the same positioning (but higher). The new owners of next door are now saying it is illegal for my flue to be there and they're going to start legal action. Where do I stand with this please? Surely it comes under some grandfather rights?!

 

[CBW]

If it’s actually terminating into their garden, then I’d suggest they are within their rights to get it moved. Flue terminals should be either 300mm or 600mm from a boundary to prevent nuisance pluming. Installer of the boiler should have considered this.

 

[Norman63]

If it’s actually terminating into their garden, then I’d suggest they are within their rights to get it moved. Flue terminals should be either 300mm or 600mm from a boundary to prevent nuisance pluming. Installer of the boiler should have considered this.

Thanks for your reply CBW - I assume it has been that way since it was built. I will speak to a plumber.

 

[oldbutnotdead]

Did you have a proper survey done before you bought the place (not just the valuation one for the bank)? If yes, have a careful read- that sort of statutory nuisance should have been picked up

 

[Madrab]

A picture showing the flue and the boundary will say a 1000 words

 

[gas112]

stick a couple of pics up of flue , were next door is and if any overhang on that side of the building of your roof /soffits /guttering

 

[Nige F]

The only rights a grandfather has is to do a SBD in your car and not own up.

 

[FiremanT]

How old is the boiler? Until about 20 years ago, it was perfectly normal, common and legal. The boundary issue is a building regulation and it is NOT retrospective - but if you have a new boiler it will have to be relocated.

 

[vulcancontinental]

If your own and the neighboring property were built by the same developer they may well have permitted this in the freehold documents. If not you may have a problem. Whatever,wait until you get written notification detailing the legal action against you and the maisonette above so you have some documentation about what they want or expect.

 

[bernardgreen]

The new owners of next door are now saying it is illegal for my flue to be there and they're going to start legal action.

Did the new owners next door or their solicitor / surveyor make any comment about the flue when they were buying the house ?

If it was mentioned at the time then the new owner could be deemed to have accepted it which would weaken their case in court.

If it was not mentioned by their solicitor / surveyor then they should consider taking action against their solicitor / surveyor for negligence.

That is my opinion

 

[FiremanT]

Did the new owners next door or their solicitor / surveyor make any comment about the flue when they were buying the house ?

If it was mentioned at the time then the new owner could be deemed to have accepted it which would weaken their case in court.

If it was not mentioned by their solicitor / surveyor then they should consider taking action against their solicitor / surveyor for negligence.

That is my opinion

If your own and the neighboring property were built by the same developer they may well have permitted this in the freehold documents. If not you may have a problem. Whatever,wait until you get written notification detailing the legal action against you and the maisonette above so you have some documentation about what they want or expect.

Nobody can over rule regulations. (contrary to common belief, MI's DO NOT over ride regs). Part J says it must be 600mm, and no matter what "disclaimers" or " agreements" are signed, the rule is there. A new home owner may not be bothered, but their failure to act does not remove the]at regulation.

So, my earlier question remains. When was this flue fitted? The 600mm was in force for the 2010 Part J, but it was actually earlier. If thge flue was the ORIGNAL flue from the earl 90's, it may well have complied - but cannot be replaced.

 

[vulcancontinental]

Nobody can over rule regulations. (contrary to common belief, MI's DO NOT over ride regs). Part J says it must be 600mm, and no matter what "disclaimers" or " agreements" are signed, the rule is there. A new home owner may not be bothered, but their failure to act does not remove the]at regulation.

So, my earlier question remains. When was this flue fitted? The 600mm was in force for the 2010 Part J, but it was actually earlier. If thge flue was the ORIGNAL flue from the earl 90's, it may well have complied - but cannot be replaced.

The question that would need to be answered by the solicitors then is if it was a new development and the developer had had the plans approved the flueing arrangement would have been passed by Building Control.

 

[FiremanT]

The question that would need to be answered by the solicitors then is if it was a new development and the developer had had the plans approved the flueing arrangement would have been passed by Building Control.

No argument there. But it is a bit difficult as the OP has not furnished us with the required info.

The bottom line is that if it pre dates the regs, then the neighbour has no case. If after the the reg date, then the neighbour has a case, and the OP MAY have recourse against his advisors

 

[Norman63]

How old is the boiler? Until about 20 years ago, it was perfectly normal, common and legal. The boundary issue is a building regulation and it is NOT retrospective - but if you have a new boiler it will have to be relocated.

The boiler was in situ when I moved in in 2018 - I have no idea when it was fitted unfortunately but it isn't a particularly old boiler.

 

[Norman63]

Did you have a proper survey done before you bought the place (not just the valuation one for the bank)? If yes, have a careful read- that sort of statutory nuisance should have been picked up

No just the homebuyers and nothing on there about the flue location