What can I do about Flue? Help please

by Readers Question

15:21 PM, 4th May 2017
About A year ago

What can I do about Flue? Help please

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What can I do about Flue? Help please

I have a property and to the left is a building, their building is my boundary, the side of it I mean.

The business owners had a boiler Flue extruding out of it, it was hidden behind my garage so I didn’t mind, but this weekend they took out the old Flue and put a new on in my garden area that extrudes horizontally and is 2 meters high only

Now, it send fumes out into my garden and is causes a problem for me

Question. Can someone just decide to install a flue onto my land/boundary thru a party wall? and does this meet building regs? what can I do, what do people suggest I do. I was going to take the flue out and brick the hole up, am I withing my rights to do something like that??

I did speak to the business next door, and the manager told to where to go, they could do it and they would not be changing it. Strange as they are a large company

So, its on my land via a party wall, they did it without permission and its a monstrosity and emitting fumes.

I did call Gas safety but they said they can do nothing.

Paul



Comments

Rob Egerton

19:29 PM, 4th May 2017
About A year ago

i would be tempted to cut it down or block the flue.

Jonathan Clarke

0:40 AM, 5th May 2017
About A year ago

What a selfish act on their part . It may contravene the Party Wall Act so i would investigate that aspect as they haven't served you notice of the works

The flue has a material cost so cutting it off and disposing of it may constitutes a theft / criminal damage . To block it up would create a health and safety issue for them as the fumes would blow back and could be dangerous .

So I would tread carefully so you dont land yourself in trouble but definitely pursue it. The local council deals with neighbour disputes so that is an option to get free advice

Gary Dully

3:06 AM, 5th May 2017
About A year ago

Google the Party Wall Act.

Or drill a long row of holes in it, so it whistles like kids recorder when the boiler is on. (Just kidding)

Romain Garcin

9:54 AM, 5th May 2017
About A year ago

If the new flue encroaches on your land then there is likely trespass.

A letter from a knowledgeable solicitor may nudge them. Otherwise, I'm afraid you will need to go to court.

terry sullivan

10:34 AM, 5th May 2017
About A year ago

name the firm and write to chief exec

Chris Clare

11:10 AM, 5th May 2017
About A year ago

It is only trespass if you did not previously consent to it.

That said there is a statement in the Party Wall Act that might help Section 2 (2) The building owner shall have the following rights (g)to cut away from a party wall, party fence wall, external wall or boundary wall any footing or any projecting chimney breast, jamb or flue, or other projection on or over the land of the building owner in order to erect, raise or underpin any such wall or for any other purpose;

However if your only concern is that of fumes I don't think a flue venting into an open garden is going to produce fumes of any great health risk. My flue vents into my own garden quite safely and legally and no one in my family has been in any way affected. The gases from combustion are widely dissipated very quickly.

Mike

11:42 AM, 5th May 2017
About A year ago

If you can knock your head into it, claim for damages, blocking it would not cause any danger as all boilers are designed to sense flue pressures and full ignition sequence fails and will not ignite, and boiler would simply cut off, as all boilers are now fitted with safety devices, not just one but several, such as fan failure or flue pressures failure, so if the air flows were restricted, they trip off boiler, besides starving them of oxygen, gas won't ignite and ignition failure light pops up! I am not advocating you do that, but if you do that, that is what will happen, the boiler won't even fire up! bumping your head into is the best option since GAS SAFE can't do anything about it! pathetic.

Steven Way

12:56 PM, 5th May 2017
About A year ago

This sounds like a straightforward trespass to me and should be treated as such. It's is unlikely to be a party wall act issue and ththe section quoted above is only applicable if you intend to undertake work yourself. You will need to write or use a solicitor and deal with it is a trespass. Do not block it, if you do and it causes injury you could be liable.

Steve(Chartered surveyor and party wall surveyor)

Adam Withford

13:03 PM, 5th May 2017
About A year ago

Hi Paul
I have been going through a similar circumstance just recently and in fact there are exacting guidelines to where and how a flue or any extraction on a building must be installed.

The main guidance in this case would be that no flue (or other extraction) can be placed within 600mm of a boundary.

I'll forward the regulation standard when I get off this train.

Adam

Dani Matthews

13:13 PM, 5th May 2017
About A year ago

There is something you can buy to fit on the end which directs the fumes upwards (my partner is a gasman & offered to fit one of these on our flue when we moved in as he was conscious it extended over the neighbour's garage) Maybe ask your neighbour if he'd mind fitting one to re direct the fumes (&a buy a big tree to hide it) Although sounds like he might be a man of "money over manners" unfortunately. They're called a plume management kit: if you approach him with a solution he might be more amenable. Going to court would be stressful & possibly costly but check out any guidelines for flue (I'll ask my partner if he can advise, when he finishes work as he's v by the book when it comes to health & safety).

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