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Discuss Position of boiler flue in relation to velux window, advice pleas in the Plumbing Jobs | The Job-board area at PlumbersForums.net

I would say though that the 150mm rule to openings in the fabric are more down to structual factors instead of flue gasses.
 
Precisely WHEN was the boiler fitted? The 300mm rule has been around for around 15 years, but someone could confirm the date. If the boiler is less than, say, 10 years, the problem IS yours. Having said that, it is an offence for a builder to carry out work that makes a gas installation unsafe. They should have approached you before starting the work. I would be writing to the builder by recorded delivery, and sending a copy by email to prove that you have tried to start discussions. I would also RIDDOR the builder, but am not sure if a member of public can. Finally write to the HSE, with the pictures and diagram of clearances required. Bear in mind that this could all result in you having to move the flue, but I get the feeling that you know that. Ultimately, a compromise may be sought.

Is the house occupied - what do the tenants or owners say?
[automerge]1565792330[/automerge]
Can’t Edit ? I now notice that you have previously mentioned neighbours

What is the boiler make and model.
[automerge]1565792421[/automerge]
 
Precisely WHEN was the boiler fitted? The 300mm rule has been around for around 15 years, but someone could confirm the date. If the boiler is less than, say, 10 years, the problem IS yours. Having said that, it is an offence for a builder to carry out work that makes a gas installation unsafe. They should have approached you before starting the work. I would be writing to the builder by recorded delivery, and sending a copy by email to prove that you have tried to start discussions. I would also RIDDOR the builder, but am not sure if a member of public can. Finally write to the HSE, with the pictures and diagram of clearances required. Bear in mind that this could all result in you having to move the flue, but I get the feeling that you know that. Ultimately, a compromise may be sought.

Is the house occupied - what do the tenants or owners say?
[automerge]1565792330[/automerge]
Can’t Edit ? I now notice that you have previously mentioned neighbours

What is the boiler make and model.
[automerge]1565792421[/automerge]

Sorry for my ignorance but why is the problem ours?
 
So guys, how many of you would work on the boiler if the window was screwed shut?
1566059244917.png

This is something that I received from a gentleman that works for Gas Safe.
 
So guys, how many of you would work on the boiler if the window was screwed shut?
View attachment 40032
This is something that I received from a gentleman that works for Gas Safe.
I interpret that as altering the premises that could make THE gas appliance unsafe and not the premise.
And with all due respect Debra, I can’t helieve that you’re still consuming yourself with this, do yourself a big favour and just get a vertical flue installed..... draw a line underneath and get on with your life. Tomorrow’s another day.:)
 
Deleted - I was just repeating what I said in a previous post.

A mod should lock this thread, it's become a bit of a waste of time.
 
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Chuck,
Just for your information concerning your previous deleted statement, our flue does not terminate over their boundary , our flue was fitted in accordance to gas safe regulations and approved by the boiler suppliers at the time of installation. it is the builder that has situated an opening roof window going against building regs planning portal part j.
Also the summary of regulation 8 shown above is states that it is against regulations to alter a building in which a gas installed which could compromise gas safety
 
Just for your information concerning your previous deleted statement, our flue does not terminate over their boundary , our flue was fitted in accordance to gas safe regulations and approved by the boiler suppliers at the time of installation...

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.
 
Debora

These issues are never clear cut. In my view the risk you have hanging over your head, is if your boiler and the new window combine in a series of events that results in someone being poisoned by CO.

In those circumstances, you are at risk of of either being held liable in full, or more likely in “parasitic secondary liability”i.e. you knew about it, but did nothing to eliminate or mittigate the potential danger.

The evidence that you knew about the issue is already in the public domain.

The cost of resolving the issue with your boiler, is probably about the same as seeking the advice of a solicitor.

If you want to recover your costs, give your neighbour an ultimatum to fix the problem. If they don’t, then undertake the work, seek to recover the cost, if they don’t pay, then go to the Small Claims Court to recover your cost as a debt.

You are very lucky that you have a situation, where the solution is completely within your hands to resolve. English Court’s generally are very unpredictable in outcome (and costly) when it comes to resolving neighbourly disputes.

Life is not always fair, you have the moral high ground, don’t loose that position
 
Also the summary of regulation 8 shown above is states that it is against regulations to alter a building in which a gas installed which could compromise gas safety

Debra, you’ve interpreted regulation totally wrong. It’s stating altering the premise/ building in which a gas fitting is housed, to not compromise the fittings safety.
 
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
 
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
 
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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 ;).
 
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.
 
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.
 
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