extension being built neighbours boiler flue next to wall

[doitall]

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)

They cannot Lawfully build an extension, if it compromises the safety of the neighbours boiler, without committing an offense.

They can talk to the neighbour and ask him to move it, or go through the Courts if they refuse.

There may also be the small problem that the flue was agreeable to both parties when it was installed.

I think after 10 years, the Courts would favour the boiler.

 

[bengasman]

Believe it or not, the muppet that advises it is perfectly ok to create a dangerous situation, claims to be a surveyor. Say no more.

 

[^woody^]

.. or go through the Courts if they refuse.

Lets consider that scenario.

The OP takes the neighbour to court to request the removal of the flue.

Under what authority or legislation can a Judge require the neighbour to move the flue? This is very important to establish, or the OP's claim fails

Will it be under the GSIUR?

If so how do these regulations gives the OP greater rights to force the removal of the flue to prevent a dangerous situation, than the neighbours rights to prevent the OP building the extension in the first place to prevent the same dangerous situation?

The answer is that the GSIUR do not provide a remedy to favour one or the other party, and so the OP can not use this as a basis for his court action

So in this case the OPs rights to build under established common law take precedent, and once the wall is built it becomes the neighbours responsibility to sort out his flue location because the OP will have done nothing wrong and has built as of his right to build

 

[^woody^]

Say no more.

STFU then

 

[doitall]

Clearly you are living in a dream world Woody.

You cannot be further from the true if you tried.

 

[mickyg]

so you block up the flue cos they ignored your warning, the neigbour dies from co poisoining. You reckon the builders will get away scot free then? don't be stupid. The work would be RIDDOR reportable if it caused a dangerous situation, regardless of whether you told them or not. Hence my previous analogy.

 

[mattylad]

The current position of the flue is illegal, as it is committing trespass.

 

[^woody^]

so you block up the flue cos they ignored your warning, the neigbour dies from co poisoining. .

The point you all need to understand is that would not be the OP's fault, if the neighbours flue is in the wrong place.

 

[bengasman]

..So in this case the OPs rights to build under established common law take precedent, and once the wall is built it becomes the neighbours responsibility to sort out his flue location because the OP will have done nothing wrong and has built as of his right to build

Presuming that you are actually capable of reading and understanding legislation, have a look at GSIUR 8-1.

It very clearly spells out that NOBODY shall make ANY alteration to ANY premises in such a way that if the gasfitting was installed AFTER the alteration, it would fail to comply with the regs.

Your advice is not just plain dumb, it is wrong and dangerous as well. Not surprising from a numpty who does not have the skills to make a living in the private sector.

 

[glasgowgas]

so you block up the flue cos they ignored your warning, the neigbour dies from co poisoining. .

The point you all need to understand is that would not be the OP's fault, if the neighbours flue is in the wrong place.

the neighbours flue, at this precise moment, is in a perfectly legal and safe position, causing absolutely no nuisance to the OP

if the OP wishes to do anything on his property that that renders the neighbours flue unsafe or dangerous, the OP woud be hunted by the HSE once they are notified.

and if it was my neighbour who rendered my flue unsafe they would also receive a kick in the R.S McColls

 

[mickyg]

so you block up the flue cos they ignored your warning, the neigbour dies from co poisoining. .

The point you all need to understand is that would not be the OP's fault, if the neighbours flue is in the wrong place.

er..you are clearly retarded. I am not arguing that the flue should or should not be there. Its fitted incorrectly granted. But you can't just block it up cos they ignored you. Thats creating a dangerous situation and a jail sentence awaits. unbelieveable.

 

[bengasman]

The current position of the flue is illegal, as it is committing trespass.

A criminal offense committed by an inanimate object; a new milestone in justice.
I don't think it would come to a conviction as the flue's lawyer would probably claim the flue did not have the mental capacity to understand what it was doing.

 

[bengasman]

The point you all need to understand is that would not be the OP's fault, if the neighbours flue is in the wrong place.

Have you always been this thick, or did you take lessons?

I was just swinging my foot around your honor. Not my fault the victims nuts were in the way. Normal people would have been able to get out of my way, but he works for the council so he is more than a bit slow.

 

[doitall]

The current position of the flue is illegal, as it is committing trespass.

Mattylad, I don't know your qualifications to make that comment, but it is wrong and dangerous to assume.

First remember the boiler is over 10 years old, and regs have changed since then.

There could be many reasons for the flue being where it is, all legal.

 

[^woody^]

Well, I'll just wait for some answers on which legislation can be used to force someone to move their flue so that they can build a wall

And please don't get exited and start being abusive .. try and answer the question with some actual facts