Neighbours Flue over the Boundary

[Newhomeowner]

Hi, I've just bought a property and am currently having work done to the place as it was in a bad state.

I wish to rebuilt the current side garage for use as habitable room, however my neighbours bolier flue over hangs it. I tried to contact the neighbour by knocking on his door and so did my builder but with no luck.

I then wrote a letter them asking if they could move the flue as i was hoping to complete the work. I then received two abusive phone call basically saying that he would not do anything.

Please can anyone give me advice on what i should do? Bearing i would like to salvage some kind of relationship as they will be my neighbours if possible?

Thanks

 

[Barry98]

doesnt seem like there interested if there been abusive , best to go down the legal path am afraid

 

[petercj]

Have you discussed this with your local authority planning department?

Best place to start imo.

Once you are completely sure of your ground, send a Recorded Delivery letter with a polite request to change the flue.

If that doesn't get you anywhere, find a solicitor who offers a free initial advice session, and get an estimate of cost re the legal route.

It might be cheaper to offer some financial help with getting the flue changed, i.e. than pay a solicitor around £250 p.h. to deal with the matter, unless you have some legal cover included in your house insurance for this kind of issue - worth checking for that.

 

[Newhomeowner]

Thanks for your replies, I am definitely going to see the council and get some advice.

I will probably send another polite letter asking them to move the flue and offer to pay labour cost if they use my builder and see where this get me.

If this fails then i guess legal route will be my only option.

Anyone have any experience/advice about how i would do this.

 

[petercj]

If were you, I would try and get a conversation with an experienced planning officer - they will know the chapter and verse re the regulations around this issue, and should be able to give you some indication of what is required to gain compliance. Take some photographs with you if calling in, but might be better to telephone first and sound out the best person to speak to.

Try and avoid the legal route if possible, the cost could escalate out of all proportion and serve to reinforce further bad feeling between you and your neighbour.

 

[Newhomeowner]

Thanks Peter, i will definitely take your advice and try to avoid the legal route.

 

[petercj]

Thanks Peter, i will definitely take your advice and try to avoid the legal route.

There is also a requirement in English law for any serious conflict with neighbours to be disclosed pre-contract when selling a property, and this can make a property more difficult to sell, and negatively affect the price.

Diplomacy is definitely the way to go - good luck with it.

 

[jase158]

I would like to add:
think of it from his view, you are asking him to pay a fee for moving something which has already been installed and working fine, take time off work and possibly have no heating whilst work is done, so a lot of disruption.

If it was me I would offer to pay (wether he uses your builder or not) he does not know your builder and may not trust him.
And try to speak to him, rather then letters.

He is in the wrong for having it on your property but moving it might be a hard job

 

[snowhead]

It might also be a possibility that the original owner of your property gave permission for the flue to be there either verbally or in writing.

 

[AWheating]

he will have to move it once youve bricked it into a wall 😉

nothing worse than living next to somebody you hate, id offer to pay the full cost and try to avoid legal letters etc till your sure theres no other way.

 

[Guest123]

Contact your local Citizens Advice and ask them to mediate for you by writing a polite letter to your neighbour.

 

[villa_tom]

I'd pay a gas engineer to give his boiler the once over first. There's nothing wrong with terminating onto someone's boundary it just can't be within certain distances. If his boiler conforms to regs then he's within his rights to say no I'd have thought.
If it is fitting against regs then I'd offer to help him out financially to move it, and I offer the whole amount if its fitted to the regs.
Its a difficult one really as you don't want to fall out with your new neighbours, but if my boiler was fitted correctly and some else asked me to move it I certainly wouldn't pay for it.

 

[SimonG]

You can't have a flue terminating into somebody else's property. You've tried the nicey, nicey. Just tell him to shift it before you take the hammer to it.

 

[theanalyst]

I forget the exact measurement but I think its a metre that the flu must terminate before a boundary, to stop plumes flying over the neighbours house all day!!
Im with Simon. Try telling them again, if that doesnt work, tell them you will remove it if he doesnt.
If it stays I would cut it back with an angle grinder

 

[GrahamM]

GSIUR
(5) No person shall install a flue other than in a safe position.
182 A flue (including any terminal) should be installed in a position which ensures that it will operate effectively and that products of combustion will safely disperse and not present a hazard to any person, whether in the premises in which the associated appliance is installed (eg by being located a safe distance from vents and openable windows), or in adjoining/neighbouring premises. The location needs to take into account any possible developments in neighbouring property, eg building extensions. Any flue should therefore be sited so as to discharge at a safe distance from any boundary with adjoining premises (see regulation 8 and Appendix 1); reference should be made to requirements in Building Regulations and appropriate standards, as applicable.


I believe the industry standard is 300mm from boundary when parallel or 600mm from facing boundary line although all efforts must be made not to create a nuisance to neighbors.

 

[lame plumber]

If you had your property surveyed you may want to ask your surveyor why he missed this issue in the first place!

 

[REDSAW]

your builder is not able to move it!!!. destroy it yes🙂

 

[Avatar]

Most certainly don't use a builder to move it, use a proper gas engineer when messing around with boiler flues . . . . .

Whoever installed the flue across the boundary ought to be responsible if you ask me!

It is true however and it is better to avoid the legal route if possible - however it is your right.

You are the one who should be annoyed I think as it is your properties boundary's that have been breached.

 

[buckley plumb]

a photo would help folks to asses an opinion on here

 

[Kyle87]

We touched on this in college today. My tutor said gas regs say 600mm between flue and boundary but building regs say 2.3 meters. He spoke of this very scenario and said if you keep banging on then they have got to move it. Not sure how accurate the info about the 2.3 meters is as he rattled it off the too of his head but worth looking into. I'd definitely avoid bad blood though

 

[GrahamM]

The distance of 2.5M is a guidance figure and is not enforceable. The Manufacturers abide by the 300/600mm distance.
But you do need to keep in mind the issue of nuisance pluming.