Gas flue modification carried out without permission!

[DeeDee08]

Hi Everyone. I'm struggling with a dispute between my elderly parents and their neighbour. Sorry if this is long-winded...
My parents had a boiler fitted which discharged through a flue sited in their wall. Boiler was in situ approx 5 years. Their neighbour decided to build a shed and attach this construction to my parent's wall. The shed completely enclosed the flue. Net result - the boiler had to be disconnected and my parents eventually had a replacement boiler fitted in a different location. The problem drags on and is very frustrating, but it has come to light that the neighbours actually modified the boiler flue - without discussing this with my parents, or obtaining any kind of permission for this work. They then tried to charge my parents for the work!
I have uploaded images of the modification (still inside the wretched shed) and would appreciate any comments or observations as to the safety, appropriateness or suitability of the extension. Although the original boiler is no longer in situ, I have been unable to obtain any legal advice as to whether it is acceptable that someone can simply modify a flue without asking the owner first... Any help would be greatly appreciated.

 

[GasMan1965]

Wheres the pics ?

IMO they cant touch the flue !!

 

[DeeDee08]

Sorry - they are in an album as part of my profile - wasn't sure where else to put them!

 

[GasMan1965]

Looks to me like the neighbour is in trouble here

They have effectively modified a gas appliance and they are not rigistered to work on gas appliances ...

Get in touch with the HSE for some advice here and see what they say

 

[Gasguru]

The flue was trespassing on the neighbours property..it was illegally installed. The neighbours had every right to request it be moved however their interfering with it could have led to a gas incident and possible prosecution. Perhaps they requested it be moved but had no response.

For the sake of your parents/neighbours forget the whole episode..it won't go anywhere. The new boiler presumerably complies so end it now; your parents still have to live next door and any ongoing dispute will have an adverse effect when it comes to house sales etc.

 

[GasMan1965]

The flue was trespassing on the neighbours property..it was illegally installed. The neighbours had every right to request it be moved however their interfering with it could have led to a gas incident and possible prosecution. Perhaps they requested it be moved but had no response.

For the sake of your parents/neighbours forget the whole episode..it won't go anywhere. The new boiler presumerably complies so end it now; your parents still have to live next door and any ongoing dispute will have an adverse effect when it comes to house sales etc.

Was it illegal 5 yrs ago ??

 

[DeeDee08]

The original boiler was installed by a CORGI qualified person and insured under a scheme run by British Gas who inspected everything annually to ensure it was in good order. The output was from a wall at the very end of the neighbour's garden and the issue was never mentioned until my parents complained about the construction of the shed, which was nailed to their wall.

 

[GasMan1965]

Looks to me like the neighbour is in trouble here

They have effectively modified a gas appliance and they are not rigistered to work on gas appliances ...

Get in touch with the HSE for some advice here and see what they say

 

[DeeDee08]

Who are the HSE?

 

[namsag]

Flues used to be allowed to terminate over a neighbours property but not for at least 3 years so if it still terminates over neighbours it has not been fitted correctly

 

[DeeDee08]

The issue here is whether the neighbour is allowed to modify the flue without permission or discussion and whether the modification is safe.

 

[GasMan1965]

The issue here is whether the neighbour is allowed to modify the flue without permission or discussion and whether the modification is safe.

The answer is NO!!

 

[GasMan1965]

Flues used to be allowed to terminate over a neighbours property but not for at least 3 years so if it still terminates over neighbours it has not been fitted correctly

OP states 5 yrs mate

 

[DeeDee08]

Thank you for your help!

That is what I thought, but I cannot find any specific regulations or legislation that will support my argument. Could you let me know where to find this information so I can throw it at my parents' solicitors to stop them being so ineffectual?

 

[Gasguru]

As Les on gas-news points out, since the Kelsen +Imperial Tobacco case (regarding advertising hoardings) a flue projecting across a neighbours boundary is trepass and illegal.

It should never have been installed in the first place..trespass laws have been in place for decades.....it's no different than moving the fence across the boundary. The original installer took the easy route and was to blame.

Don't waste anymore time battling with this...the Health and Safety Executive (who deal with prosecutions) will do nothing ..they have far more important cases to deal with.

Just a starter... http://en.wikipedia.org/wiki/Cuius_est_solum_eius_est_usque_ad_coelum_et_ad_inferos