Neighbour looking to resite existing boiler to their loft space, with flue about 6 metres above my back garden, across the boundary. The boiler is non condensing and about 9 years old. Spoke to local council about building regs. Not an issue with document J, but a civil issue apparently. Though they did think a 9 year old boiler should be replaced with a condensing one, if it was moved. Am I wrong to say to the neighbour, that they should have considered this, when they instructed their fitters and not leave it until the last minute, to even raise the question. I did not consent to the tresspass of the boundary but asked them to look into. Two days later the fitters are on site, just fitting it across the boundary anyway. What do people think. I am being unreasonable rejecting this tresspass ?
6 meters high would not bother me at all. A condensing flue would be worse with the plume. Not worth falling out over IMHO.
they can move a non condencer, but the flue must be 1200mm clear of your boundery, ask them to concider this, what if you wanted to build an extention or garage up to the wall the flue is coming out of, you would be entitled to cut it off, then the boiler would't be useable.
My concern is that I am looking to sell the house and that if this is raised by any purchaser, that I could incur costs. i.e legal -making the neighbour move the flue. Technically I think they have to ask in writing and that I would need to consent. But I don't want to prejudice my position. I suppose the main concern is that if they fitted a condensing boiler in the same position, this could definately be a problem. The garden is not massive and the flue would be about also 6 metres from my back windows on a diagonal line.
You'll have much more of a problem trying to sell your house if you've got a dispute with the neighbours!!
It is wrong but as I said, I would not loose too much sleep over it. There are far worse things that could happen. If you do get into a legal dispute you will never sell your house. It will come up on any search that you have a "problem" neighbour.
There is no dispute. They didn't ask me for permission. They just mentioned it briefly about 2 days ago, in full knowledge that they could only site the current boiler with the flue coming out over the boundary. They then have gas fitters on site 2 days later. This work has been in planning for weeks, so I feel that they have tried to blag this. They have just spent £1000's on other work and should have made sure I was happy, before they got into this situation. The local councils technical bod that deals with these situations, said they would not have been happy to have been mucked around like this. I am usually very easy going, but when someone tells lies, this gets my back up. Had they levelled with me and provided something in writing about this, I might have been ok.
If it's over your boundary, then it's an illegal install. 6 meters up or not. Simple If they have fitted it in the loft, then simply ask them to re-position the flue over their property.
According to the local councils technical expert on building regs, it is not illegal. The document J wording, includes something about not siting the flue in a position that would cause nuissance, but I couldn't see any reference to this in the document. But it is civil matter that should have been sorted properly before they sanctioned the work.
Jonsey, your neighbour is a complete to$$er and completely out of order. It shows complete, arrogant disregard for other people. Positioning a boiler flue over someone's boundary is outrageous - and against regs. The problem - as you know - is how to sort it out without falling out with the neighb (who's already shown themselves to be an unreasonable twit). No easy answer to that. You either need to go for it and force him to move it - with the result that relations will likely now be strained - or else try and confirm that it won't be a significant problem when you come to sell up. How to do the latter? I dunno - ask an estate agent to come round and value your property - and then ask if they consider it a problem? Or, pay for a professional surveyor to do the same? There is no doubt that a dispute with a neighb is not a good thing when it come to selling. However, you need to weigh up the balance between a 'dispute' like this possibly having an effect against the presence of the flue definitely having an effect. I'm no pro in these matters, but it seems to me that there's little doubt that you can MAKE him move it if needed, but this could be a drawn-out process, and possibly costly. Ok, check your household insurance - do you have 'Legal Protection' cover included (probably cost you around £20-odd more)? If yes, then open the window, waves your arms around, and shout to your neighb that you're going to sue his *** off. Ok, maybe hold on that bit for a while. You should be able to use this to get action started. Phone their helpline for advice. Meanwhile, go to Citizen's Advice and ask what can be done. I'd also consider - or threaten - to report the plumber to Trading Standards for carrying out work that he should KNOW is against regs. But, try and find out just how big a problem it is first, and get that Lleylandii planted.
http://www.planningportal.gov.uk/uploads/br/BR_PDF_ADJ2010.pdf It is not illegal, annoying and inconsiderate maybe but at 6M high and not being a condensing boiler not really a nuisance. IMHO anyway Although I would not want to do an install like this if asked.
I suppose this comes down to whether the flue terminal is by your property? How far from your building is the terminal of the flue? 6inches or 12foot?
They can't do vertical, as the part they need is no longer available. Strange for 9 year old boiler. My real problem is that they lied. They knew the install was taking place and of the issues, but they tried to blag it by not telling me the whole story. Had they told me the real story, I might have consented, subject to conditions about costs, future buyer of my house being protected and future buyers of their property agreeing to resite the boiler on request. I am half tempted to agree, subject to something in writing, on terms that are agreeable to me. I do have some knowledge of legal issues and I have dealt with Insurance legal aspects. Hence why I was not being taken for a ride by liars. The re-siting is half way through as they haven't got my consent. I stopped them half way through, so no flue over my boundary currently.
Sloejoe On a diagonal from where the flue would have been to my back windows, it is probably about 6 metres. So not a big issue. But I am down wind of the normal prevailing wind conditions, so on some days, the fumes will blow towards my house from the hight. Ok most of it, will disapear, before it reaches. But I refer to the points raised. Neighbour did not tell the whole story when they approached me 2 days before they had already instucted the gas firm. I hate being lied to.
So let me get this right. It 6 meters up and 6 meters away from your property, but its over you boundary?
Yes. It would have been at loft height on their property, just above my shed, but 6 metres diagonal line to my upstairs windows. When I spoke to them 2 days earlier, they did not mention that they had already instructed gas installers to do the work. They took it for granted that I would just allow them to do. They did not ask me for consent. I felt that they were just consulting me, so I asked them to check whether the flue overhanging my boundary was compliant with all regulations. They didn't come back to me, hence my annoyance. I don't normally have a problem. They used part of my garden when they were having an extension built, but then I agreed, just to be helpful, as their builder on the behalf asked me nicely. The builder promised me money in compo, but never paid up. Due to bereavement I was not in a state to chase up.
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