shared chimney stack private vs council

hello all
I am an owner occupier of my house which is an ex local authority property. My next door neighbour is a council tenant and has recently had her annual gas safety check which is where this issue began. After sending a smoke bomb up the chimney the smoke came from both pots as this is a shared stack. The council gas fitter came to my house and asked if he could isolate my gas fire and explained that it could be dangerous.He stated that the council would have to inspect the chimney which may involve having scaffolding up for a while to inspect the pots and to decide on the best course of action, he stated I would hear something after 2 weeks. After 4 weeks of hearing nothing and no scaffolding in sight I rang the council and got told many conflicting things from different people and different departments until I spoke to a manager who informed me that my neighbour is having an electric fire fitted and that the chimney would not be inspected or repaired as its up to me to sort the issue out i.e to get an electric fire or have the chimney repaired. I have lodged a complaint with the council which has not been upheld I am not satisfied with this so it goes to the next stage. Does anyone out there have any solid advice for me on my rights over this, thanks in advance.

Comments

  • BuntyB
    BuntyB Posts: 228 Forumite
    Part of the Furniture Combo Breaker
    The gas fitter was spot on. He is bound by the gas safety regulations to test the chimney and report any defects. To leave any gas appliances operable in the chimney would be risking your lives and your neighbours

    He was simply spotting and highlighting a hidden fault within the shared chimney.

    There's a breach within the shared brickwork that is allowing the chimneys to spill into each other. Difficult to repair the inside of a chimney so possible chimney liner is an option for you.

    Probably a case of fix it or don't use it. Much like your neighbour has done.
  • rustyboy21
    rustyboy21 Posts: 2,565 Forumite
    Bunty is spot on, the RGI would have got in serious trouble, if he let you have your fire still going and isolated the tenants.


    It is not the councils fault the flue has been condemned, it could also be your fault.Your flue could have made their flue become faulty. It is only like when the pointing goes on your house, but it is internal, so not easy to repair and extremely dangerous if left. Get a Gas safe chimney sweep out and get a liner fitted, then you will have no issues with using your gas fire.


    You will get no joy from the council.
  • I_have_spoken
    I_have_spoken Posts: 5,051 Forumite
    edited 6 September 2014 at 8:02AM
    Have a look at the house deeds and what they say about shared costs of repairs to the party wall

    But chances are the Council jobworth's will want to 'punish' you for buying the property and becoming a toff in their eyes
  • Thanks for the replies folks, I do understand the gas engineer was doing his job and hold no malice towards him for that, it's the fact that he said it would be inspected and this hasn't been the case and in the councils eyes the case is now closed, if I paid for the repair would the council have to pay half or would it be a long drawn out legal affair
    Cheers everyone for replies so far
  • rustyboy21
    rustyboy21 Posts: 2,565 Forumite
    Porksleeve wrote: »
    Thanks for the replies folks, I do understand the gas engineer was doing his job and hold no malice towards him for that, it's the fact that he said it would be inspected and this hasn't been the case and in the councils eyes the case is now closed, if I paid for the repair would the council have to pay half or would it be a long drawn out legal affair
    Cheers everyone for replies so far

    The only economical repair to be done is getting a flue liner put down your flue and using that for your fire. It will be around £300-400 depending on area. The council wont pay anything towards it, it is your flue that is at fault too, you don't share a flue with next door, you only share a chimney stack. That is only a housing for the flue and to fit the pots onto.


    I am afraid that you are going to have to bite the bullet and pay out yourself if you want your fire going. They may have actually saved your life, it may not only be coming out of the pots, the CO and other fumes could also be coming out into your loft and ( dread the thought) your bedrooms too.
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