What can I do about Flue? Help please

by Readers Question

15:21 PM, 4th May 2017
About 2 years 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

Adam Withford

13:27 PM, 5th May 2017
About 2 years ago

Reply to the comment left by "Adam Withford" at "05/05/2017 - 13:03":

Here

BS 5440-1: 2008 recommends that room-sealed flue/chimney terminations are positioned:
a) at least 2m measured horizontally from an opening in a building directly opposite; and
b) so that the products of combustion are not directed to discharge across a boundary
With regard to proximities to boundaries, a flue duct outlet of a gas appliance needs to be sited so that it is at least 600mm from the boundary line when facing it and at least 300mm from the boundary line when running parallel to it.

Paul McCarthy

14:33 PM, 5th May 2017
About 2 years ago

Reply to the comment left by "Adam Withford" at "05/05/2017 - 13:03":

REALY APPRECIATE IT !!

Chris Coyle

14:49 PM, 5th May 2017
About 2 years ago

Party Wall Act: Agree with Steve above.. the act has little substance here unless the notice was served before the work began and you signed it and then the agreement was contravened.

Civil Law: Mileage here as it can be proved to be trespass if it overhangs your boundary. Also it is proving to be a nuisance (operative word) and your solicitor can address this (plumes into open windows or hitting it when you are passing if it overhangs your boundary - what happens if you do this and it becomes unsafe....get your solicitor to address. Also did they trespass without permission to install the flue...and continue to maintain it

Building Regulations: (check out part J): There are guidelines for placement of flues and it addresses proximity to the boundary and your windows.
A competent gas engineer can self certify in lieu of a building control inspector. Work carried out by an unregistered engineer must be inspected by your local building control officer. So best check the status of the engineer...if possible...that will put the squeeze on.
There are also guidelines from the gas board.
Point where flue passes through weather surface
Clearances to flue outlet
A
At or within 600mm of the ridge
At least 600mm above the ridge
B
Elsewhere on a roof (whether pitched or flat)
At least 2300mm horizontally from the nearest point on the weather surface and:
a) at least 1000mm above the highest point of intersection of the chimney and the weather surface; or
b) at least as high as the ridge
C
Below (on a pitched roof) or within 2300mm horizontally to an openable rooflight, dormer window or other opening
At least 1000mm above the top of the opening
D
Within 2300mm of an adjoining or adjacent building, whether or not beyond the boundary
At least 600mm above the adjacent building
Notes
1) The weather surface is the buildings external surface, such as its roof, tiles or external walls.
2) A flat roof has a pitch less than 10°
3) The clearances given for A or B, as appropriate, will also apply.

Will The Gasman

19:44 PM, 5th May 2017
About 2 years ago

Whatever you do, DO NOT block or mess with the flue at all, unless you want to go to jail for killing someone, by carbon monoxide poisoning. Ignore the previous comments regarding boiler safety devices, as they will NOT all detect this kind of FAULT.
I would speak to your local building control officer, as the gas engineers who installed the boiler should have registered it with building control. Flues protruding over boundaries is not allowed.
https://www.thesun.co.uk/news/2799675/neighbour-jailed-potato-mans-boiler-carbon-monoxide/

ben whitley

20:01 PM, 5th May 2017
About 2 years ago

As an ex gas enineer the easiest and less costly way forward is a plume management kit as mentioned earlier..this can take the plume up and out of the way..usually just requires flue changing and some extension to take up wall and somewhere not causing s nuisance.. doubt youll get them to move boiler..if its causing a nuisance regardless of regs it should be sorted out..

ben whitley

22:50 PM, 6th May 2017
About 2 years ago

Just noticed it was installed on your boundry.. in 6 years of installing everyday i came across this once old boiler flue in neighnours garden. i moved new boiler to new location as new condensing boilers are like steam trains on cold days..they must have come on your property seal around flue the cheek.? If no joy with building control id ring a gas safe engineer or gas safe and stick my shed against the flue and point out someone has illigally fitted a boiler ..now surely no one can force u to move your shed which was always there so a neighbour can fit a boiler.. said gas engineer must now go to neighbours to cap of boiler or contact gas supplier to inform them of a dangerous situation hence they will need to cap gas off untill boiler is made safe.. ie moved or flue remedied..no chance of a vertical flue through roof?
.

Colin Dartnell

12:47 PM, 9th May 2017
About 2 years ago

If he does that it gives permission to the flue overhanging the garden. That's a no no. One day in the future he may want to use the land next to the wall for something and the flue could stop it happening.

Michael Barnes

15:15 PM, 9th May 2017
About 2 years ago

Are you sure that you own the land over which the flue extends?
Are you sure that it is a Party Wall?

As this is the wall of the building, it is likely that there is land your side of the wall that belongs to the neighbouring property (for access for maintenance, overhang of roof, etc). This is the situation for my house (1970s build) and my mother's house (1910s build).

Alternatively, there may be a covenant in the deeds that permits the flue.

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