boiler flues and boundaries

[Richardathome]

Hi

can anyone advise me? We've just finished building an extension - for which we had a party wall agreement from our neighbour. It turns out that our new wall is now interrupting the operation of a gas bioler in our neighbour's extension that was built with the flue facing our property and within300mm of our boundary. Neighbour claiming that we should pay for re-siting of the boiler.

Pretty sure - from other posts on this site - that this flue is illegally sited according to building regs (600mm or 2.5m depending on what you read). Can we resist that claim? Angry at the prospect of having to pay them to relocate a boiler that was incorrectly installed in the fist place, even if it's the building of our wall that's caused it to stop working....

welcome any suggestions on where we can find a firm answer....

 

[pannierstan]

Find it very unlikely that even at 300mm that its causing a problem and even if it was the regulation only came into effect last year I think so how new is their boiler??

Having said that if my neighbour slapped a great wall in front of my boiler flue and it was that (which I doubt) I would want you to pay aswell

Stan

 

[chrishutt]

Yes, they should have installed their boiler allowing for possible extensions on your property. It's covered by the Building Regulations, Approved document J (since 2002), which you can download from the government site. Also covered by BS 5440-1 and Corgi guidance. They should have allowed 600mm clearance to your boundary.

 

[Richardathome]

thanks both

think the boiler is about 5 years old - we're new to the house

I'd like to make a contribution to them getting the boiler moved - neighbours after all - but not willing to shell out the £3000 (!) they're claiming they've been quoted for that. Particularly if the problem is the boiler flue location.

Do building control enforce regs on old (ish) boilers?

 

[giblets]

£3000? - sounds like someone's trying to get a new boiler out of you.

If their boiler was installed at the time that their extension was built then Building Control should have foreseen the problem and bought it to their attention. (Assuming their extension was done "by the book" )

Can't see the need to make any contribution at all - their boiler was installed contravening both Building Regs & Gas Safety Regs and probably manufacturers installation instructions as well.

 

[kevplumb]

Yes, they should have installed their boiler allowing for possible extensions on your property. It's covered by the Building Regulations, Approved document J (since 2002), which you can download from the government site. Also covered by BS 5440-1 and Corgi guidance. They should have allowed 600mm clearance to your boundary.

doyle

 

[Nixt]

The 300mm clearance only applies to flues facing down the boundary line not across it. Eg it can be 300mm to the side of the boundary not facing it.

 

[namsag]

Can you put a picture up so we can see . Short of that tell them to go and take a flying f##k to themselves 3k for something that is probably still working perfectly ok no chance

 

[nickso]

Can you put a picture up so we can see . Short of that tell them to go and take a flying f##k to themselves 3k for something that is probably still working perfectly ok no chance

i second that

 

[namsag]

Just noticed its London perhaps Agile can nip round and move the neighbours boiler for £2990 seeing as he/they is/are always that bit cheaper or will he ignore it like he did the guy from wimbledon this week who asked him to come round. Funny when he is frequently touts for business on here. Hard days work would kill him

 

[Slugbabydotcom]

I had a sniff about to check out this party wall act and found a few things you might not like to hear

(2) The building owner shall compensate any adjoining owner and any adjoining occupier for any loss or damage which may result to any of them by reason of any work executed in pursuance of this Act.

I found that Here

Without going into it in a big way I found some general stuff

If possible, talk to your neighbours in detail about the work you want to do before giving them an official written notice. If you can sort out any potential problems in advance, they should give you written agreement in response to your notice, which they must do within 14 days.

What if there's a dispute?
The solution the Act provides is for both parties to each appoint a surveyor or 'agreed surveyor' who will act impartially.

The surveyor will draw up a document called an 'Award'. This details the work to be carried out, when and how it will be done and records the condition of the adjoining property before work begins.

It may also grant access to both properties so the surveyor can inspect work in progress. The Award will determine who pays for the work if this is in dispute.

Generally, the building owner who started the work pays for all expenses.

I found that Here
Although you do have my sympathy it doesn't look too good for you from what I have read on those sites.
I would be questioning their estimate of £3000 and I do consider this unreasonable [subject to full knowledge of the implications]
I agree with the possibility that their boiler was fitted outside of the regulations and that this may turn out in your favour.

In your situation I would have a read through the act then write down all the implications and seek legal advice from a solicitor.

 

[Paul Barker]

No I don't agree slug, the boiler was fitted wrong, furthermore if there is any damage to the new extension from poc's or any opening opposite the original installer is liable to put that right aswell as to put right his installation.

If the installer was not corgi registered then they haven't got a snowballs chance in hell.

If the neighbour in his quest for a new boiler gets one you want it 2.5 meters from your property or it gets a vertical flue, or fires in a different direction.

The problem is caused by yourneighbours installer, not you, do not feel guilty. This is why we have to be cogi registered, so that we isnall things to building regs which this was not.

 

[chrishutt]

Suggest that your neighbours take it up with the original installer of the boiler since he failed to take account of the regulations. Had the boiler been installed in accordance with the regulations there would be no problem.

As Paul says, professional Corgi registered installers are expected to be aware of the regulations governing such things. Perhaps your neighbours had the boiler installed by someone who wasn't Corgi registered or competent. If so that was their choice and they must live with the consequences.

 

[Lagerkhan]

Here's the Regs regarding flue distances.
Yours would be H...from a surface facing a terminal...600mm.

 

[Agile]

It always helps to have a photo of the situation as there may be possible other solutions like moving the flue or using a different type of flue.

On a different aspect, a perpendicular discharging flue was shown by a user on here recently to need to be 600 mm at the nearest point to the centreline of the party wall.

However, the same problem situation is shown in the Main Instant MI but the minimum distance is only quoted as 300 mm.

Does anyone know if this is within Building Regs and what is the minimum distance?

Tony