Incorrectly fitted boiler flue

[thenakeddiyer]

Hello, i've just purchased a property and building work is about to commence on the new kitchen exstension. Im currently involved with negotiating the party wall agreement with my neighbour and as part of this process we are having slight issues with the position of my neighbours boiler flue which discharges onto my property and will become blocked once the kitchen exstension is complete. Hopefully this situation can be resolved through discussions. My issue here is that this is completely against byelaws for the discharge of waste (onto my property) and I would like to know how you go about enforcing the byelaws and getting my neighbour to rectify his incorrectly positioned boiler flue?

 

[doitall]

You could pay the neighbour to have their boiler repositioned as part of the negotiations, other than that not enough information.

The thing that is fact, it's illegal for you to block or compromise a flue

 

[ChrisR]

I'd adopt a sterner line and put it factually.
Ask a solicitor, but I would expect a Common Law Injunction, or "Assault & Trespass Injunction" would be appropriate, if it came to it.

You can obtain a court injunction against your neighbour telling him to remove the flue and you can sue him for damages.

There could be complications, for example if the neighbour ever had written permission from a previous occupant of your house, to put the flue there.

Ultimately, one way or another, you're going to get the flue moved. The problem is time, and relations with your neighbour.

You could call Health and Safety, and tell them you wish to sit in your garden where the flue is - they may tell your neighbour not to use it, immediately.