Termination into boundary .

[stani]

Sorry lads just got back home,
if we take this further, and a CO incident occurs within the new extension, who would be to blame, my client because they have taken over a property with an existing boiler which has caused no concern, or the architect/BCO for not bringing to anyone's attention the fact there is a flue directly opposite the new opening.

 

[GrahamM]

Sorry lads just got back home,
if we take this further, and a CO incident occurs within the new extension, who would be to blame, my client because they have taken over a property with an existing boiler which has caused no concern, or the architect/BCO for not bringing to anyone's attention the fact there is a flue directly opposite the new opening.

Can you clarify here? Is the exisitng boilers flue less than 600mm to property boundary line?
Where exactly is neighboring extension in relation to boundary line?

 

[stani]

Yes the boiler flue is directly on the building boundary, therefore the flue is less than 600mm the new extension is 1 metre back from the boundary, the new opening for the doorway is directly inline with the flue.

 

[GrahamM]

Kind of a tough one this. Both party's do not comply with the regs.
Could the desingner of the extension not have taken this into account when puting a door directly opposite an existing boiler flue?
At the end of day the boiler should not be there from day one. But the fact it has been there for all this time without issue may have some bearing.
This may ensue in a bit a legal battle!

 

[stani]

Spoke to GSR, due to age of boiler, there was no minimum from the boundary it only came into being 2001/2 so it was fitted as per. The ball appears to be fairly and squarely with the builders/architect/BCO for not realising building regs do not allow an opening within the 2 metre rule.
it as gone to our solicitors to send a letter advising the occupiers.

 

[Reg Man]

GSR are talking out of their arse. They have got no one who knows what the previous standard states.

 

[Reg Man]

With a bit of digging I can probably find the pre- 2000 BS5440 standard and part J building regs. But in all of my career I have known it as a no, to terminate a flue across a boundary; which goes back to 1970's.

 

[stani]

With a bit of digging I can probably find the pre- 2000 BS5440 standard and part J building regs. But in all of my career I have known it as a no, to terminate a flue across a boundary; which goes back to 1970's.

If you could that would be good mate, he was quite adamant about it though. But we all know what that means.

 

[diamondgas]

Just been looking through some older appliance installation instructions and can't find any mention of "boundary's" ... They do mention the 600mm from a facing wall however and BS 5440 ... It'd be interesting to know when this rule came about 🙂

Raking my brains doesn't bring up any specific date but do tend to think it may be more recent an addition? By that I mean in the last 15 or so years?

 

[stani]

Think this is going to come down to one word 'Boundary' and when it was actually introduced into the regs.

 

[goz666]

Spoke to a pal of mine today who's an architect, told him the situation and he says it could end up messy and probably costly for someone.

In 1996 The Party Wall Act was introduced exactly for the reason this has happened, it is supposed to eradicate the need for post build hassle, because under the terms of the act the architect, building control etc should send a letter to the neighbouring properties with adjoining boundaries asking if there will be any issues regarding building up to or on the boundary. This letter should be signed and agreed by all parties. My mate said today that if your customer has just bought this house with the dodgy flue then

A. The Solicitor should have paperwork, searches etc and this would show up.

B. The Surveyor for mortgage should've highlighted before the sale was agreed.

C. The former owner should've notified, and told their solicitor of any Party Wall Agreement.

If this is a new customer of yours with an existing boiler, and this build has just been completed then he says the ball is firmly with the Architect and Building Control Officer, The agreement to Party Wall act is standard procedure and should be followed as a matter of course since 1996.