We agree about the position of the illegal flue.

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I recently had a new boiler and the GasSafe inspector came round to do a routine check. He didn't like the flue position. The flue is about 25cm from the boundary with my neighbour (coming out of the wall horizontally) and he does get the plume over his patio. However, the answer is a plume displacement kit and neither of us want one as it will look awful! Me and my neighbour are happy to live with the plume. There are no gas safety issues and the inspector said that the work on the boiler was done to a high standard.
If we ignore this are there any regulatory issues that might come back to haunt us?
 
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It may turn round and bite you if either you or your neighbour sell, and it's either identified as a problem in a survey, or your new neighbour has a different view on the situation.
 
BS 5440 [2008] recommends that the flue is 300mm minimum from the boundary, but this is just a recommendation

More relevantly, the same standard states ....

"The terminal should be positioned so that the combustion products do not
cause a nuisance".

In which case if the neighbour agrees that it is not causing a nuisance, then the siting should be acceptable.

However, whilst it is possible that the current or any future neighbour may decide that the flue does suddenly become a nuisance, the same could apply if the flue was 1m from the boundary

You need to clarify the actual basis of why the inspector "disliked" the position - was it a subjective opinion or is it based on more prescriptive regulations?
 
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He disliked it because the Baxi manual says it should be 300mm from the boundary and he said that this was in line with building regs. So this is just a recommendation. is it? So not legally binding, do you think? We shall just leave it and see what happens - I take the point about future neighbours objecting, but then we could fit the plume kit retrospectively I imagine.
 
Baxi's 300mm seems to be based on the BS 5440 reccomendation and not based on safety reasons.

There are instances when manufacturers will relax their guidance as long as safety is not compromised
 

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