Boiler Flue position - advice please

[daveydave]

Hi all,
I have a question about a boiler installation that I'd appreciate your advice on.
My partner has a terraced house with a kitcken extension in the back yard. Seven years ago she had a boiler installed on the wall that would have been the dividing wall between hers and next door's back yards. The plumber that installed this said she would have to ask permission from her neighbour for the flue to be placed through this wall as it exits into their yard. The neighbour said it was fine, and the boiler was installed. The flue is approx 6ft off the ground and had a protective grill over it.
The neighbour died about 12 months ago and the house has recently been bought by a 'property developer' who has told my partner, in no uncertain terms, that he doesn't want the flue there and that it has to be moved immediately. She is trying to find out where she stands legally before spending money she hasn't got, on what may well just be some builder's wishes. Today he called at her door while she was home alone and he was abusive, rude and tried to bully her with talk of legal action and regulations (which he was asked to quote, but he couldn't actually remember the details).

She is not interested in taking action against the plumber, as he is a friend, and tells her that although it may not be 'best practise' he can find no legal reason why it should be moved. She just wants to be sure where she stands with this arrogant bully of a 'developer/builder.

If this guy had been polite and reasonable, she would no doubt have just moved the boiler, but his manner suggests that he may just be trying to intimidate her into doing something that need not be done.

Any advice or guidance would be greatly appreciated!

Thanks in advance,

Dave.

 

[john.bell55]

I think its a lawyer you need. Lets say you build an extension, you can build up to the boundary of the land or you have to be at least 1 metre from the boundary. Anything on your property, gutters, flues, etc. should not encroach on the other property. I think the builder is entitled to ask for the flue to be moved.

 

[daveydave]

Hmmm...Thanks for your reply John. I was really hoping for some clarification on the guidelines at the time of installation. Obviously regulations change over time, but that surely doesn't mean a plumber has to then go back to every job he's ever worked on in order to make it comply with todays regs? How would they make a living!!?? )

 

[newbie1]

at no point in any time would you be allowed to mount boiler with flue projection over the boundary into the neighbours garden
you will have no option but to resite the boiler

 

[Puddle]

Well you are going to have to seek legal advice really
But getting down to basics your partner has nothing in writing that the neighbour agreed to let her terminate the flue on her land
You can argue, the length of time it has been there, there was an understanding and roses are red, in the end the flue will have to be moved, have seen this situation before
But the question you should be asking is who is going to pay for it and if I can I wrangle a bit of money towards cost from builder/owner of property now
Your advantage is probably time, if you take legal action you will probably loose and if went all the way costs aswell, but you could drag it on for ages, this will hamper his plans for sale/development
I do not know if boiler has to be moved or flue re run, get advice from an engineer first and a costing, then approached builder and see if he is prepared to shoulder some of the cost, of course at first he will refuse but may come round, as his legal team will recommend him to ,as cheaper in long run ,if he needs a little help, mention you are going to seek legal advice if you cannot reach agreement, as said ,if he is hoping to develop property ,sell and move on
Do not be intimidated into anything; he will try to do this hoping you will sort out straight away
His attitude will be, once he has developed the property you will not see him again and he will not see you again, so do not look for polite and reasonable,we are not looking for friendships here,we are looking to get things sorted with least expence and then to move on

 

[smoggs03]

is it a one storey extension?? if so just go vertical with the flue (600mm) from the boundary if your builder mate is like mentioned aggressive etc. he's probably the type to tamper with it!!

 

[street elbow]

Daveydave,

I am not suprised the developer is throwing his toys out of his pram.

You bully an old lady into letting you fit an illeagle flue, and are put out when the brown stuff hits the fan.

How would you like your neighbours dirty, smelly, gas fumes blowing over you while you sat out side on a summer evening.

Your "best practice" is to get your plumber friend round to move the boiler and flue so it conforms to all regulations AT HIS EXPENCE. If he is not gas safe registered get him to pay for someone who is.

David.

 

[coley]

Love it

I like your direct approach to the question.

You are spot on with your answer though

regards
Coley

 

[smoggs03]

yeah cock on get him back!!! it's like saying i fitted your boiler upside down because i couldn't get bottom clearances

 

[daveydave]

Thanks for all the replies fellas.
I think Puddle's balanced approach is the one we'll take.

Cheers,

Dave

 

[jambo]

you might want to consider a plume managment kit

 

[WHPES]

Unless you have it in writing from the original homeowner that permission was granted to have the flue where it is, forget it and fit a vertical flue. Taking legal advice from your solicitor would be a waste of money.

 

[l11tul]

I think its a lawyer you need. Lets say you build an extension, you can build up to the boundary of the land or you have to be at least 1 metre from the boundary. Anything on your property, gutters, flues, etc. should not encroach on the other property. I think the builder is entitled to ask for the flue to be moved.

helo do you know al bell ben bell or mark bell RHL

 

[john.bell55]

helo do you know al bell ben bell or mark bell RHL

No sorry I don't. I have a son called mark aged 21