extension being built neighbours boiler flue next to wall

[shaka]

Can anyone help building side extension on house and neighbours but when we go to boundry line to build side af extension the flue from next doors boiler is hangig over boundry line so when we build wall up we will be 2inch from front of balanced flue where do we stand do they have to move it as boiler been in over 10 years does this mean we have to pay to move it or can we just build gable and let them sort it out as this may stop the fumes releasing from flue.
Thanks Brian

 

[Agile]

The correct legal position is that its your land and you can do what you want to.

However, when you build your wall their flue will be blocked and they will have to make other arrangements so it would be reasonable to advise them a few weeks before your work is planned. A formal letter from your architect or solicitor would be a good idea.

It will probably mean a new boiler and that will be about £2000 so you will not want to pay for that.

Whatever you do talk to them first but my advice is to be firm and stick up for your rights.

Tony

 

[doitall]

Hold your bleedin horses a cotton pickin minute.

It is an offense to go anywhere near that flue, and an even bigger one if you make the boiler in question dangerous. I would also think you would be liable for the cost of reinstating the boiler and flue.

In my opinion for what it's worth, you would need to get Solicitors and maybe even a Court involved if they didn't want to move it.

One thing is certain, you cannot block it up or build over it, in a way that would make the appliance unsafe.

 

[kirkgas]

The correct legal position is that its your land and you can do what you want to.

However, when you build your wall their flue will be blocked and they will have to make other arrangements so it would be reasonable to advise them a few weeks before your work is planned. A formal letter from your architect or solicitor would be a good idea.

It will probably mean a new boiler and that will be about £2000 so you will not want to pay for that.
Reg 8 also says someone altering a property and subsequently making a gas appliance dangerous is an offence (generally a joiner fitting windows with vents that dont comply in a room with an OF boiler can lead the joiner to be charged, so in this case the OP's builder could be liable)

Whatever you do talk to them first but my advice is to be firm and stick up for your rights.

Tony

tony not sure i agree with you on this one, think of a scenario where the OP wants to fit a new condensing boiler on their land but the POC's cause a nuisance going in their neighbours extention, the OP would have to fit boiler in such a way that it doesn't cause a nuisance to the extention(or potential future extention) (vaguely remember taking into account theoretical boundary between houses when deciding to site boiler) and may have to reposition their new boiler if the POC's cause a nuisance so i don't think you can say it is your land you can do what you want.

 

[^woody^]

You can build your extension within your own boundary and the neighbour will have to make their own arrangements to relocate their flue at their expense.

If their flue is crossing the boundary then you are within your rights to insist on its removal. Also, if their flue is just within their boundary, but the flue gases cause a problem to your structure (once built) or your enjoyment of your land (eg sitting on the patio) then they will have to relocate or alter it.

With regards to doitall's post about blocking the flue, then this wont be the fault of the OP's extension blocking the flue, but rather the flue will be in the wrong place once the extension is [lawfully] built, and so it will not be blocked in that sense and will be the flue owners responsibility to sort out

 

[doitall]

It is an Offense woody, and clearly detailed in the Gas regulations.

If the OP touches or makes it unsafe they have committed a crime.

 

[mickyg]

when you were a kid did you ever do that thing when you swing your fists around then walk towards your sibling, exclaiming that "If you get in the way its your own fault!" ?

 

[^woody^]

Regulation 6/8 applies to the person working on his own flue or otherwise altering his own premises to affect his flue.

The OP is entitled to build his extension, and the neighbour is responsible for altering his own flue

 

[snb]

the procedure for these kind of works involves a party wall notice being issued at least 1 month prior to the works starting. At this time the neighbour would then have the opportunity to object. unfortunately they have no reasonable grounds and the extension would be able to go ahead. The legalities regarding the flue then become the neighbours problem as they have received sufficient notice to alter the flue.

Normally all of this is done by your builder. (or should be but as there is no legal requirement to do so it is often neglected and then the above problems arise and court orders to stop building work whilst this procedure is followed.)

 

[ajsdoc]

Makes me glad I have good neighbours.

 

[doitall]

Regulation 6/8 applies to the person working on his own flue or otherwise altering his own premises to affect his flue.

The OP is entitled to build his extension, and the neighbour is responsible for altering his own flue

Not so Woody.

"Any persons" includes 3rd parties.

 

[bengasman]

Regulation 6/8 applies to the person working on his own flue or otherwise altering his own premises to affect his flue.

The OP is entitled to build his extension, and the neighbour is responsible for altering his own flue

No, he is not allowed to do what he wants. ANY building work has to be done safely, and altering an existing situation in such a way that an existing flue becomes unsafe, is a contravention of the gsiur, irrespective whether it is your boiler or somebody else's.
If the neighbours refuse to alter their installation, he will have to apply for a court order which will be costly and by no means certain to be granted.

 

[^woody^]

The right of the OP to lawfully build the extension is precedent. He does nothing wrong by building the extension

Effectively the OP would not be blocking the flue, but rather the neighbour is causing his own flue to be in a position where it is blocked - that is why he must sort out his own flue position.

The neighbour attains no rights to place, or cause his flue to be placed in a position where is will not function or will become dangerous (or a nuisance)

 

[Boilerman2]

Is the Flue in question on your boundary? if so you should get a court order to have it moved, if more than 1-0 meter from the boundary you should be ok to build, neighbourly disputes are always difficult i'm afraid

 

[bengasman]

The right of the OP to lawfully build the extension is precedent. He does nothing wrong by building the extension

You clearly don't have a clue, like you have repeatedly shown here.

The GSIUR does not allow ANY action that renders a gasinstallation unsafe.

Nobody has the right to park on my drive either, but if somebody does, the only way to legally remove the vehicle is by courtorder.
I also have the right to throw a concrete slab from the first floor window on my own drive. But if I do that when somebody is getting out of his illegally parked car and hit him on the head with it I, will get done. Same sort of thing.

The op obviously has the right to build and extension if required permission is granted, but he does not have the right to knowingly create a dangerous situation.