Position of boiler flue in relation to velux window, advice pleas

[Debra Beagle]

Just for your information, none of this is relevant to your actual problem, which is with a piece of tort law called "Land Trespass". Briefly, if your fumes from your flue cross the boundary and interfere with your neighbour's enjoyment of their property then you are at fault unless you have something called an easement permitting your activity, which is unlikely.

You've already admitted you're causing a nuisance by warning your neighbour (see your previous posts) that your fumes maybe entering their property and causing a hazard. At some point, probably when they have difficulty selling their house because of your flue, you are going to get sued. At that point you are going to really regret not spending the few hundred quid it will cost you now to have your flue modified. You may think that plumbers are expensive but that's only because you haven't seen what a barrister charges to tell you you have got no case and need to settle.

I've seen how a very similar case played out in practice. It did not end well for the person in your position, who was just as sure as you that they were in the right.

My advice is to stop getting legal advice from gas fitters and builders and find yourself a lawyer who knows about land trespass and tort.

Opinions are not legal advice

 

[centralheatking]

Opinions are not legal advice

I think your neighbour has wrongly installed a roof window after your boiler flue was in place. You have tried to work with him but failed.
The bigger picture is that I would not want to be responsible as a householder for a death of my neighbour under any curcumstances.
Thus regardless of all the above...I would change my flue, park the issue, sleep soundly, move on and maybe get rewarded in heavan
or where ever we all end up...your neighbour is irresponsible take the higher ground and YOU be responsible. centralheatking
Thats it no more input as far as I am concerned chking

 

[Stu-B]

I think your neighbour has wrongly installed a roof window after your boiler flue was in place. You have tried to work with him but failed.
The bigger picture is that I would not want to be responsible as a householder for a death of my neighbour under any curcumstances.
Thus regardless of all the above...I would change my flue, park the issue, sleep soundly, move on and maybe get rewarded in heavan
or where ever we all end up...your neighbour is irresponsible take the higher ground and YOU be responsible. centralheatking
Thats it no more input as far as I am concerned chking

Seems a bit harsh that the OP has to shell out another 500quid cos the builder next door doesn’t know building regs (his actual job btw).
I guess if the building inspector has done his job and passed the extension, there’s no need to do anything, well, apart from shorten that flue 😉.

 

[firemant]

Sorry for my ignorance but why is the problem ours?

Hi Debra,

I have not looked at this thread for some days. It has got very convoluted, I have not seen any more posts since I posted, and frankly, cannot get up the enthusiasm to run through 10 pages.

I apologise. When I responded, I had not seen later posts to the one that I reacted to. I was using my mobile, which is always a bad idea.

When I saw the picture, I thought that the roof immediately below your flue was the neighbours, which would mean that your flue, if it was less than 15 years or so ago, was incorrectly positioned. Later posts (which were there but I had not seen), intimated that this roof is actually yours. Assuming that the clearances in force had been met, then, clearly, the installer of the Velux is at fault.

 

[Millsy 82]

If it were me I would send a letter recorded delivery stating that you believe the new velux window is too close to the flue and as the boiler was installed first that the velux window is to be removed or they can pay the amount of £*** to have your boiler flue moved by your gas engineer.

Then go about your life as normal. When you have your boiler replaced will then go vertical.

I read somewhere on this thread about screwing a window shut? This shouldn't be done as someone can unscrew the window the window should be replaced for non opening or removed completely. There was a death in a newquay hotel and this was one of the issues, but not the only one.