Oil tank doesn't meet building regulations

trakky14

Hi all, we've had a survey on a house we wish to purchase and the oil tank doesn't meet current safety regulations (back when it was built in the 80s it did). A new boiler was installed in the house approximately 3yrs ago. We cannot see how it was signed off as meeting regs when the oil tank does not. Obviously this is a question for our solicitor to ask the vendor but do we have any wiggle room on getting that oil tank replaced? It's in good condition but surrounded by a wooden shed which breaks all regulations. Many thanks.

Slithery

Did the shed exist when the boiler was replaced?
Can you just remove the shed?

I'm suprised that the drivers have been agreeing to fill it up...

Jeepers_Creepers

Good luck - I think you'll need it

I'm pretty sure such regs cannot be applied retrospectively, so if that tank was ok in the '80s, and is still in good condition, then it's still ok today.

Whatever happened 3 years ago with the new boiler is moot. (New boiler, eh? That's good...)

When you come to replace the tank, then obviously it must youknowwhat. Until then, it shouldn't be an issue.

Unless - as said above - the delivery folk refuse to fill it. In which case, move the shed - I suspect that'll have to move at some point anyways. 

AdrianC

I suspect the relevant change is that the new tank needs to be bunded?

It's a good idea anyway - a leaking oil tank is NOT what you want, and it might slow the midnight oil fairies down a bit.

Slithery

The tank may well already be bunded. It's the shed that it lives in that worries me...

AdrianC

Slithery said:

The tank may well already be bunded. It's the shed that it lives in that worries me...

An hour or two to remove that...
<reaches for larger hammer>

trakky14

Slithery said:

The tank may well already be bunded. It's the shed that it lives in that worries me...

Its not bunded, it's a metal square tank. It's in a wooden shed type structure which fully encloses it. You could technically remove the shed structure but the tank will need replacing and reciting at some point for sure. It's not 1.8m from a wooden structure as it's next to the boundary fence and less than 1.8m from the house itself. The surveyor said it was in good condition so can't say its leaking etc...I suspect we can't do much about it for now.

Yes the boiler is allegedly 3yrs old which is good...but i don't understand how the installer would have agreed to sign it off with that tank and like you say...the delivery drivers must be filling it regardless. I was under the impression it wouldn't meet the building regs to get a certificate etc....if it doesn't do we stand any chance of getting the vendor to do anything? 

trakky14

Slithery said:

Did the shed exist when the boiler was replaced?
Can you just remove the shed?

I'm suprised that the drivers have been agreeing to fill it up...

Yes the shed has been there long before the boiler was installed. It's basically a wooden structure which backs onto the house, it could be partially taken down but the boundary fence is one side of it. Too close to the house too I think. It needs to go whatever but we just wondered if there was any hope of getting the vendor to do it! 

AdrianC

trakky14 said:

I was under the impression it wouldn't meet the building regs to get a certificate etc....if it doesn't do we stand any chance of getting the vendor to do anything? 

Whether it meets BR or not is totally separate to whether you can persuade the vendor to do anything.

BikingBud

trakky14 said:

Slithery said:

The tank may well already be bunded. It's the shed that it lives in that worries me...

Its not bunded, it's a metal square tank. It's in a wooden shed type structure which fully encloses it. You could technically remove the shed structure but the tank will need replacing and reciting at some point for sure. It's not 1.8m from a wooden structure as it's next to the boundary fence and less than 1.8m from the house itself. The surveyor said it was in good condition so can't say its leaking etc...I suspect we can't do much about it for now.

Yes the boiler is allegedly 3yrs old which is good...but i don't understand how the installer would have agreed to sign it off with that tank and like you say...the delivery drivers must be filling it regardless. I was under the impression it wouldn't meet the building regs to get a certificate etc....if it doesn't do we stand any chance of getting the vendor to do anything? 

Your phrases indicate you are unsure:

• You suspect?
• You are under the impression?
• If it doesn't?

Have you reviewed the building regs and discussed with your surveyor?

https://www.gov.uk/oil-storage-regulations-and-safety/home

"You must meet building regulations if you have a new or replacement oil storage container installed at your home in England, for example to fuel your cooker or central heating."

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/468872/ADJ_LOCKED.pdf



It is not obligatory to have a bund, only where the is "significant risk of oil pollution" see conditions Para 5.7.

What do you want the vendor to do?

Replace and resite a tank that may be compliant is quite an ask! 

babyblade41

When I had an oil fired boiler it was part of the service to check the tank as well , when was the boiler serviced ?