Party Wall Issue

helpsos

I am currently at odds with my neighbour who has built an extension on to the side of his house which now sits on the party wall between my house and his. I have no problem with this however the owner has included a gas outlet vent which has been inserted into the rear party wall, encroaching into my property - This surly needs to be removed and bricked up? I'm extremely worried about this issue as when the time comes to sell the property the new owners will not be able to install the side return.

My neighbour is aware of this issue and a party wall award has been carried out, however there has been no further movement in 6months since this survey was completed and my neighbour how now ceased all contact with me in resolving this matter.

Can you advise on the best possible way to resolve this matter or give me an idea of whom i need to be speaking to conclude the situation.

Many Thanks

keystone

If there was a party wall award then thats dead and dusted and of no further relevance. I presume this was all before work commenced? I don't think this is a party wall issue at all now.

the new owners will not be able to install the side return.

What does that mean?

So it seems the only beef you have with them is the flue. So your first port of call is your local LABC to whom the installation would have been notified (either via CORGI or GasSafe depending on when it was installed or by the installer or homeowner direct to BC.) and ask them to come round and see if it meets regs. If the installation pre-dated the "600mm to boundary" reg and is greater than 2m above your ground level then there is precious little that can be done apart from getting an extension kit fitted to direct the output in a different direction (provided the MIS allow it) but even then it still probably won't comply. If, however, it meets regs there is precious little chance of getting either the boiler or flue relocated.

Cheers

iamcornholio

If by "gas outlet vent" you mean the flue, then this will be a nuisance and can be dealt with by the councils environmental health dept.

It will probably also be deemed a trespass, which you can deal with via the civil court

keystone

iamcornholio wrote: »

........then this will be a nuisance and can be dealt with by the councils environmental health dept.

Agreed but the BCO is the first port of call 'cos the EHO won't have any idea if it meets regs or not.

It will probably also be deemed a trespass, which you can deal with via the civil court

From what the OP has said I would suggest it almost certainly IS a trespass if all else fails.

Cheers

iamcornholio

An EHO has more power to sort this out than a BCO

Building control are only concerned with significant H&S issues, and have little power other than withholding the completion certificate. They wont/can't take action for a mere poorly sited flue and don't have any power to enforce any gas regs ... and TBH I doubt if a BCO knows much about gas installations in any case

Poorly sited flue complaints take up a lot of EHO time, so they should be well versed in dealing with this

keystone

Positioning of the flue over a boundary is a Building Regs issue NOT a Gas Regs issue and its the BCO that the job gets notified to in the first instance.

Cheers

paddedjohn

tell the neighbour that if its not moved soon then you will remove it and return it to him.

keystone

paddedjohn wrote: »

tell the neighbour that if its not moved soon then you will remove it and return it to him.

and commit a criminal offence because you would certainly be making his installation unsafe. Great idea.

Cheers

paddedjohn

i cant see how it would be a criminal offence for the op to remove the flue from his own property, as long as he warned his neighbour not to use his boiler until the flue is re-routed then all angles regarding safety are covered. if the neighbour then uses the boiler without the flue then thats him putting his family at risk.

keystone

paddedjohn wrote: »

i cant see how it would be a criminal offence for the op to remove the flue from his own property,

The very act of interfering with a gas appliance is what matters.

as long as he warned his neighbour not to use his boiler until the flue is re-routed then all angles regarding safety are covered.

OK then I'll be round in a minute to cut the brake lines on your car.

if the neighbour then uses the boiler without the flue then thats him putting his family at risk.

Drive safely now.

Cheers

paddedjohn

Now you are just being plain stupid, there is a big difference between willful sabotage/vandalism and removing something that shouldnt be on your property. The flue in question is not on the property of boiler owner so can legally (civil matter) be removed. As long as the neighbour has been warned, the act of interfering with a gas appliance would not apply as the op wouldnt be fixing it or inferring that it would be safe to use.