Neighbours boiler Flue into back garden

[Jonsey67]

My neighbour is re-siting their boiler and wants to have the flue coming into my garden at loft level. I asked them to check into building regs and then 2 days later, they have fitters on site doing the work. The work has now stopped, neighbour not happy.

The boiler is non condensing and is 9 years old. The flue would be coming out about 6 metres above the garden but over the boundary line. The flue would also be about 6 metres from my back windows on a diagonal line.

Spoke to local council. Document J not the issue, as the flue would not be nuissance, although the probably could not site a condensing boiler flue in the same position. They also queried whether the boiler should be changed to a condensing one, if it was being re-sited.

I am concerned that if I gave them permission for the flue to tresspass my boundary, this could cause me problems.

Am I being unreasonable ? They have already spent £1000's on other works and leave it 2 days before the work, realising they can't have a vertical flue through the roof on the current boiler. They have to change the boiler if I refuse the tresspass.

I also wonder whether they have been totally honest with me. They have discussed this with fitters, who must have told them the score, but they tried to blag it with me. One of the neighbours has worked in the building trade for years, with an established local company.

 

[washer]

Getting a bit silly mate, you have already stated that you havent got a problem with flue, your problem is that they lied to you.

Therefore refuse to let the flue terminate over your boundary, they cannot install the boiler, therefore you win, job done.

Last post on this thread for me.

 

[fuzzy]

are you sure its non condensing??? a new boiler???

 

[fuzzy]

im unsure why its not a condensing boiler if new install, particulalrly when youve been talken to building reg people

 

[Jonsey67]

im unsure why its not a condensing boiler if new install, particulalrly when youve been talken to building reg people

I wasn't going to post again.

But to answer the q, the boiler is non condensing. It is re-siting of the current boiler. The building reg bod at the local council said they thought the boiler might need replacing, but it would depend on the what the current boiler was. The GSR installers, would I expect have some reference book to refer to, to inform them. But I a not sure whether the work to re-site the boiler would have been registered.

 

[GPSNewcastle]

Personally I wouldnt agree to it, not for safety reasons etc as it is perfectly safe from what you have described but purely because of the issue with regards to selling your property in the future. Under the regs they shouldnt be terminating a flue in your property so anyone who buys your property in the future is fully within their rights to ask for it to be removed. The last thing you want is a bone of contention with future prospective buyers. From the sounds of it you dont want to allow it anyway. As an impartial observer I would say that the neighbour is making a reasonable request (although it could have been more timely) but it is also reasonable for you to object and personally (for the reasons mentioned above) I would.

 

[moony]

jonesy end of day its your house mate - not greys not anyone elses - you know your situation and now you have the regs - i personally wouldnt let any flue exit over any of my property and i wouldnt install it that way either or ask for it too. I dont think your a neighbour from hell and totally understand your view point - its up to you at the end of the day. even if it was a middle terrace then they would still have 2 sides and a roof to find some place to site the boiler - surely they can sort this out.

 

[moony]

im unsure why its not a condensing boiler if new install, particulalrly when youve been talken to building reg people

its not new - its just a relocation of the boiler.

 

[tamz]

TB 16 that you are referring to is regards condensing boilers.
Prior to around 2004 you could stick a flue anywhere but the rules have changed and permission is now required but it is not a gas reg it is a building reg so speak to the BC officer.
Remember while you are there to complain about any gutters that may also be overhanging as it is an almost certainty that one day they will leak water onto your land or worse have to be replaced.
Like Gray, thank god i don't live in London. We have better things to fall out about up here

 

[Jonsey67]

It is not london, but a modern housing estate elsewhere. I think when planning is done and additional consent is given to extensions, sometimes future boundary issues are overlooked (pardon the pun).

I probably came over as a bit angry the other day, which I was. Calmed down now. It was just that the neighbour assumed I would not mind the flue over the boundary and was going ahead with the work, even though I raised concerns 2 days earlier when they 'consulted' me . I did ask them to check the various regs to make sure ok and expected them to come back to me. I had not expected that I should have to look into the various regs, on the day they had the work planned for.

Anyway, I think they are now having another boiler with the flue through the roof.

Out of this I would say the learnings are.

If you are planning work near the boundary, which is not urgent, make sure you give the neighbour plenty of notice and ask them for their consent, if anything is to come over the boundary. The neighbour might want to check for themselves about any issues, before they offer their consent. Also as the home owner planning the work, it might be a good idea to also check for yourselves. All it would have taken were a few phone calls e.g. Gas Safe helpline, local council building consent people.

Leaving it just 2 days before the actual work is to take place, to just consult the neighbour and then to go ahead with the work even after they had raised concerns is not a good idea. The various regs are just too complicated to leave it until the last minute.

I would have thought that when existing boilers were re-sited, that the GSR person doing the work, would have made sure that all the regs were complied with and any consents were obtained before they did the work. I don't think I would conduct work, putting something over a boundary, if I could be called back later to do more work for free, if there was a dispute later.

 

[peteheat]

It is not london, but a modern housing estate elsewhere. I think when planning is done and additional consent is given to extensions, sometimes future boundary issues are overlooked (pardon the pun).

I probably came over as a bit angry the other day, which I was. Calmed down now. It was just that the neighbour assumed I would not mind the flue over the boundary and was going ahead with the work, even though I raised concerns 2 days earlier when they 'consulted' me . I did ask them to check the various regs to make sure ok and expected them to come back to me. I had not expected that I should have to look into the various regs, on the day they had the work planned for.

Anyway, I think they are now having another boiler with the flue through the roof.

Out of this I would say the learnings are.

If you are planning work near the boundary, which is not urgent, make sure you give the neighbour plenty of notice and ask them for their consent, if anything is to come over the boundary. The neighbour might want to check for themselves about any issues, before they offer their consent. Also as the home owner planning the work, it might be a good idea to also check for yourselves. All it would have taken were a few phone calls e.g. Gas Safe helpline, local council building consent people.

Leaving it just 2 days before the actual work is to take place, to just consult the neighbour and then to go ahead with the work even after they had raised concerns is not a good idea. The various regs are just too complicated to leave it until the last minute.

I would have thought that when existing boilers were re-sited, that the GSR person doing the work, would have made sure that all the regs were complied with and any consents were obtained before they did the work. I don't think I would conduct work, putting something over a boundary, if I could be called back later to do more work for free, if there was a dispute later.

The GSR would not have to move the boiler as he / she would be working under the clients instructions, personally I would want the instruction in writing but thats me.

It is possible your neighbour was not aware their existing boiler was not suitable and may have been advised of the need to replace it just before consulting with you because many builders would not know the difference between different boiler models.

As you have to live beside the people for at least the foreseeable future I suggest you give them the benefit of the doubt as none of us are mind readers, it would be sad to lose a good neighbor (both parties) over a misunderstanding.

 

[Mike Jackson]

They've probably moved by now. This thread is over two years old!

 

[peteheat]

They've probably moved by now. This thread is over two years old!

LOL Time for better specs when I can't see the date