To comply or not to comply

k1rkyck1rkyc Forumite
219 Posts
Part of the Furniture 100 Posts Combo Breaker
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[FONT=&quot]Hi peeps :)

I thought I would put a thread in here to basically get some ideas/opinions so I'm hoping some nice people will take the time to read this and help.

I will try and keep it short......

We moved into our current house 11 months ago.
5 weeks ago we noticed that our current Oil Tank (14 year old Deso single skinned) had developed a crack and was leaking oil in our garden. We called our insurance company who called back the next day and said they would send some guys out to sort the leak and do a survey. Great.
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[FONT=&quot]First guy comes the same night and drains 1000l from the leaking tank and puts into a holding tank for us in our garage. This takes the current tank to below the level where the split is. Guy goes away, advises us that another guy will come and assess the situation but that it all should be pretty straight forward....
A few days later said guy comes, does a survey and says that we need to dismantle current base, dig 1.5m down to remove oil from ground, re-do base.....

We hear nothing for a week after chasing and the Insurance company tell us that they are still waiting for the full report from the guy that did the survey so they could tell us whether we are covered for the cost of the tank on insurance.

A few days later, I get call advising that we aren't covered on insurance (wear and tear) and that some more guys would be coming soon to do the remedial work. We also receive a letter advising that our current set up doesn't meet Oftec standards.

A week passes and we hear nothing then the next day I receive a call at work from a guy who's at my house, has let himself in and they are starting the remedial work. He apologies and says he thought his boss has called me to arrange......

Here's where the problems start.....

I have to take the afternoon off work and come home so I can call a few local companies to get quotes for new tanks and installation as he needs to know which take we are having so he can build the correct base size. This causes problems as the companies I speak to want to come and do a site assessment BEFORE they will quote us.
To cut a long story short, we decided to go for a smaller slimline bunded tank this time. Told the guys and they built a base suitable for the size of it.

A few days after, two companies come to asses the site. 1 company tells us that the base does not comply with Oftec regulations and one says it does. The one saying it doesn't say that we have to have a gap of 300mm ALL the way around the tank. The one saying it does says we only have to have 100mm behind as it's going against a wall BUT we have to have a big ugly firescreen that will cost us a few hundred pounds unless we get the insurance company to come back and make the base wider, taking it 760mm from the fence panels.[/FONT]

[FONT=&quot]The issue is, the neighbours have some fence panels in between our garden and theirs, right next to where their current tank is, and right next to where ours is due to be sited.[/FONT]

[FONT=&quot]To try and keep this as brief as poss, it turns out that the neighbours aren't complying with Oftec/Building Regs regulations even though they had their tank installed last year (by a local builder). I mentioned this to them and they didn't really seem to mind.[/FONT]

[FONT=&quot]SO my quandry is... and it's causing a lot of stress....
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[FONT=&quot]a) do I have this big ugly firescreen thing that has to go a foot higher than the tank and will look rubbish. The tank can be fitted on the current base.
b) do I get the insurance company back to widen the base so that we can have it 760mm from the fence panels. They rushed us in the first place before we knew about all the regs!
c) do I ask neighbour if we can replace the fence panels with a wall and go halves with him? That way we both comply (although why should he spend his money?!)[/FONT]
[FONT=&quot]d) we say screw the regs as far as the firescreen is concerned, fit the tank and don't worry about it. He's not complying and nor are we![/FONT]

[FONT=&quot]The only real concern I have is about complying. I guess if a fire breaks out in our tank and his fence catches fire, then his tank, garden, garage, house etc, then we are to blame as we didn't comply to regs? Or would it not matter as he doesn't comply? :mad:
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[FONT=&quot]I'm beyond stressed with the whole thing and ANY advice would be VERY much appreciated :)[/FONT]

[FONT=&quot]Thank you for your time if you have read all of this! :)
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