Accused by neighbour that boiler flue is causing a statutory nuisance

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Hi all

My boiler flue is located at a height of 2 meters on the side elevation of my house towards the front of my house. It exits horizontally away from the house. My neighbour has decided to kick off that the plume is causing a statutory nuisance to her and her property. The boiler flue is approx. 2 metres from the boundary fence. On the other side is a front garden. The neighbour's house is situated back away from my house and the front of their house is 9 metres away from the flue.

Firstly, is her complaint nonsense, in the sense she is claiming a nuisance when one doesn't actually exist?

Secondly, what should my solution be to rectify the situation if the concern is genuine? Can I ask a gas safety engineer to install a flue extension kit and deflect the plume in a different direction away from her house?

Many thanks
 
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A photo would help.
Stood back so the affected area of both houses can be seen.
not a close up.
 
The relative position of the two houses is shown. The boiler flue is located to the front of the outlined house on the side elevation. So on the left hand side, bottom left corner of the outlined house as you look at the picture.

My view is that if I add on a boiler flue extension kit to raise the flue above 4 metres (so a 2 metre extension), and attach a flue deflector to the end to deflect the flue up and away from the boundary, then it would be over 2.5 metres from the boundary, and then in compliance with boiler flues considered to be a statutory nuisance, (even if there isn't really a statutory nuisance and it is in the mind of the neighbour).
 

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  • Boiler Flue Position.pdf
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Unfortunately your pics don't show the relative positions between the flue, your property, the border fence and their property etc. If you can take a few photos further back showing your house to the right and theirs to the left with the flue/fence in between etc in one. One in a colder day with the boiler on and plume being shown would be ideal too.
 
If their house is 9 metres away from the flue then I suspect that some other event has kicked off this dispute. Neighbours are a nuisance at the best of time but we all have to live with them.
 
I would not respond and wait to see if you receieve anything directly from the council. what she would have to do is contact environmetal health who would inspect and make a decision. if you don't do what they want then they can force you to move the flue and a fine of upto £5000.

Personally i would fit a plume kit taking the flue as high as possible. Some boilers will allow 7 or 8 m of plume kit. This is what you would be recommended to do by enviromental health if they perceived it to be an issue.

i have a few jobs where the combi boiler produces a lot of plume and a family of 5 or 6 the boiler can be running a full pelt for an hour so and without a plume kit just fills the garden with plume. Sending the plume out at a height over about 4m solves this normally
 
I would suggest that if you put a plume kit up to your roof level, the neighbour would still find something to complain about.
 
Sounds like you have a loony for a neighbour there is no way that is classed as a nuisance
 
I would not respond and wait to see if you receieve anything directly from the council. what she would have to do is contact environmetal health who would inspect and make a decision. if you don't do what they want then they can force you to move the flue and a fine of upto £5000.

Personally i would fit a plume kit taking the flue as high as possible. Some boilers will allow 7 or 8 m of plume kit. This is what you would be recommended to do by enviromental health if they perceived it to be an issue.

i have a few jobs where the combi boiler produces a lot of plume and a family of 5 or 6 the boiler can be running a full pelt for an hour so and without a plume kit just fills the garden with plume. Sending the plume out at a height over about 4m solves this normally
It depends on the environmental health officer. Some are absolutely clueless jobsworths that ask you to do the impossible.

As others said, proper pics are needed. The site plan is pixelated and from that it seems the neighbours house is far away and you got a road on the front?

On a windy day the plume can be blown absolutely anywhere
 
Unfortunately your pics don't show the relative positions between the flue, your property, the border fence and their property etc. If you can take a few photos further back showing your house to the right and theirs to the left with the flue/fence in between etc in one. One in a colder day with the boiler on and plume being shown would be ideal too.
You can see the flue and the plume, and the relative distances. The neighbour's house is set back almost 9 metres from the flue. The distance to the fence is about 2.2 metres. The plume does get blown around a bit and gets quite large. I have a feeling she will run to the local environmental health office at the council, and claim it is a nuisance. She is also complaining about odour (it is an oil boiler) and noise from the boiler.

Thing is though is all over my estate I see flues within 2.5 - 3 metres of adjacent houses and none of those are considered a nuisance.
 

Attachments

  • 20231216_155435.jpg
    20231216_155435.jpg
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Thing is though is all over my estate I see flues within 2.5 - 3 metres of adjacent houses and none of those are considered a nuisance.

Terraced houses are probably less.

She needs to move into a terraced house.

Live and let live.
 
Tell her to cut back the bush that's obstructing your garage door since it's effectively trespassing and creating an obstruction nuisance.
 
Now I’ve seen that picture you have no worries. EHO would tell her she will have to put up with it
 

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