Boiler flu issue

Discussion in 'Builders' Talk' started by WH737, Sep 13, 2018.

  1. WH737

    WH737 New Member

    My neighbor have had their boiler flu moved.
    It’s now on our property. We live in a terrace house and we have a shared gennel.
    I’ve told the builder politely to move it but they rudely replied “no it’s staying there” and are adamant is not moving.
    In the photo our property is on the right and if you look up to the guttering you can see were our property finishes..
    What would be our next step to get him to move it ?

    Attached Files:

  2. KIAB

    KIAB Well-Known Member

    I wouldn't thought that be allowed,& wouldn't be happy with that in it's present location & with it going through a arch.

    But, I don't do gas, so not sure on the rule/regs.
    Last edited: Sep 13, 2018
  3. dobbie

    dobbie Well-Known Member

    Get Building Control out,they have compromised the inegrity of the the arch as well as putting it on your property.
    KIAB likes this.
  4. Mike83

    Mike83 Well-Known Member

    A flue should usually be 600mm from a boundary.
    If it's a shared gennel, who actually owns it?
  5. Allsorts

    Allsorts Well-Known Member

    Hi Jonathan.

    It is astonishing that some folk will just assume that it's ok to do this. By 'assume', I really mean 'hope to get away with it' or 'if I ask first, they'll say no, so I won't ask...'

    Sadly. they probably will because - as you say - this is a shared gennel (had to look that up), so is probably not yours specifically. It's not as tho' the boundary line runs down the middle.

    Unless the deeds show that it is yours and the neighb simply has right of access?

    What to do? Check your deeds. If they say anything like the passageway is 'your' property, or no-one can modify the shared section without agreement, then - in theory - you can force them to remove it and make good.

    This won't be easy, tho', and may cost you in the short term; you'll need solicitors and be prepared to go all the way. The 'good' news is that if it's a sure cert that you are on solid ground, then they will ultimately lose and also have to pay your expenses in taking the action.

    I think.

    Do you have LP on your house insurance? Even if you don't, I bet you have a legal helpline for advice - give them a call. But you may be disappointed.

    Have you spoken to your neighb? (The builder - like all good Nazis - was only carrying out orders.) Bear in mind that any neighb who would do such a thing without consultation ain't going to be totally reasonable.

    So, look out your title deeds and also call the legal helpline.
  6. KIAB

    KIAB Well-Known Member

    Most likely communal,so shared access.
  7. KIAB

    KIAB Well-Known Member

    Had to look gennel up,:eek: same as a snickleway,ginnel...:rolleyes:
  8. Mike83

    Mike83 Well-Known Member

    If it's communal then it could be compared to people flueing over balconies/landings.
    But the boundary distances still have to be adhered to.
  9. WH737

    WH737 New Member

    I spoke to the local council office this afternoon and I’ve just received
    I own the said arch and my neighbor owns the front arch. It’s strange how our floor plan works upstairs. The neighbors bedroom over hangs the front arch and our back bedroom over hangs the rear arch
  10. KIAB

    KIAB Well-Known Member

    A Flying freehold then,which can be communal area, for example a common passageway..o_O
  11. Mike83

    Mike83 Well-Known Member

    You could also argue that the distance from the flue to the arch should be minimum 300mm.

    You could email Baxi/potterton (looks like a potterton flue)with some pictures and ask them your thoughts.
    The Teach likes this.
  12. Mike83

    Mike83 Well-Known Member

  13. The Teach

    The Teach Well-Known Member

    Ask your neighbour to resite the boiler flue or invite them to purchase the said arch. At least they did not terminate the flue inside the ginnel,thats prohibited.

    As mentioned by Mike83,the 300mm rule applies.A plume management kit would get around that infringement.
    There is evidence that flue gases tend to accumulate under overhanging
    features,a ginnel and other features can be described as an overhanging feature.

    some info from worcester,

    Scroll down to TB 0095

    You can always have a free initial consolation with a solicitor,your photo tells the story.
    Allsorts and KIAB like this.
  14. Allsorts

    Allsorts Well-Known Member

    They put that flue through your arch?!

    Check your insurance LP or at least their legal helpline.

    Has your actual neighb said anything? It might have been a case of your neighb employed the builder to fit the boiler, and let them get on with it. The builder may have been working from a position of ignorance.

  15. dobbie

    dobbie Well-Known Member

    Certainly working from a position of incompetence putting a hole through the arch for the flue,an out and out cowboy.
  16. KIAB

    KIAB Well-Known Member

    Builder gas safe?
  17. WH737

    WH737 New Member

    I haven’t mentioned that they had the boiler flu moved due to them building an extension. I phoned the council and apparently they’ve not had a building inspector to check any stage of the build. So I’m guessing they’ve not had the boiler safety checked..

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