I have a house that backs onto my neighbours, my boiler has always been in the same position and the flue blows out over their property. They are now telling me it is illegal and my boiler needs to be moved. This would prove very difficult and mean that I would have to raise several carpets and a beautiful original woodblock floor. My house is a 1930's property and its obvious by the way things are the boiler has always been in same position. Do I really have to move it?
Boiler installation regualations
- Thread starter mazy
- Start date
It is not illegal.
What may be the case, is that the flue gasses may be causing a nuisance (literally a Statutory Nuisance under the Environmental Protection Act 1990) and if so, then it may require you to move the flue to abate the nuisance.
Its not just a case of the flue gases going over the boundary, but they must be affecting the neighbours use of the property for it to be a nuisance.
Your neighbour will have to complain to the local council, who may investigate. If they do, get some advice and don't agree any claims unless there is an obvious and significant problem with the flue gas
The other option is that the gases commit a trespass. In this case the neighbour would have to sue in the county court and prove that the gases are causing damage. Harder to do and costly for them
You could probably turn the flue upwards to allow the gasses to exit and disperse higher up, if they are a problem in the current arrangement.
Either way, your home insurance would probably cover you
What may be the case, is that the flue gasses may be causing a nuisance (literally a Statutory Nuisance under the Environmental Protection Act 1990) and if so, then it may require you to move the flue to abate the nuisance.
Its not just a case of the flue gases going over the boundary, but they must be affecting the neighbours use of the property for it to be a nuisance.
Your neighbour will have to complain to the local council, who may investigate. If they do, get some advice and don't agree any claims unless there is an obvious and significant problem with the flue gas
The other option is that the gases commit a trespass. In this case the neighbour would have to sue in the county court and prove that the gases are causing damage. Harder to do and costly for them
You could probably turn the flue upwards to allow the gasses to exit and disperse higher up, if they are a problem in the current arrangement.
Either way, your home insurance would probably cover you
D
dextrous
Depending on the age and make of boiler, and as impled by woody, you may be able to get a plume management kit which will divert any nuisance gases away from the boundary. Ask a gas fitter to advise, or ask on the plumbing forum, giving the make and type of boiler for a provisional feasibility check.
As per the british standard , a flue termination must be more than 600mm from a boundary. If less than this I think your neighbour has a valid grievance. I suspect any non conformity would cause problems with property sales and the H.I.P.
BS5440 part 1 gives the specification for the installation of flues
a new boiler cannot be installed if it is fitted or discharges over the boundary, not sure of the existing boiler rules other than the nuisance as previously said
a new boiler cannot be installed if it is fitted or discharges over the boundary, not sure of the existing boiler rules other than the nuisance as previously said
Discharging over an adjoining boundary is not illegal, as such, but it is certainly a trespass. If it has gone on for more than 20 years you may have gained an easement by prescription. I would check this first because if you have you would be entitled to continue. Either way your neighbour cannot just block the flue or remove it without taking proper steps. If I were you I'd buy myself a CO2 detector just in case though. Flue gases are very dangerous and the first you know about a problem is when you wake up dead.