Stovax Stockton 5 - wood burning stove - unsafe installation

DailyClicker

Hello,

We moved into this house in 2021, where there is a Stovax Stockton 5 wood burning stove in one of the rooms.

It was installed in December 2012 by a HETAS approved installer (with a "Lifetime warranty on all our stoves"), and building control certificate was issued. The business that installed the wood burning stove was dissolved in December 2017.

We have not been able to use the wood-burning stove due to safety reasons.

As per the manufacturer, HETAS and building control regulations, there needs to be a safe distance between the stove and surrounding structures. The installer has installed the stove flush against the back wall. This has caused the paint to peel away and make a foul smell when in use, so we can no longer use it as its unsafe.

HETAS said if a claim was made within 6 years they would have been able to put things right.

Do I have any other recourse based on the evidence the stove was not installed correctly (HETAS certificate and building control shouldn't have been issued), as the cost to make it safe would be approximately £2500?

I have spoken to Citizens Advice who have advised that it is difficult as the timeframe is over 6 years, but from a safety/criminal aspect they have passed the case over to local trading standards to investigate.



Thanks,

powerful_Rogue

DailyClicker said:

Hello,

We moved into this house in 2021, where there is a Stovax Stockton 5 wood burning stove in one of the rooms.

It was installed in December 2012 by a HETAS approved installer (with a "Lifetime warranty on all our stoves"), and building control certificate was issued. The business that installed the wood burning stove was dissolved in December 2017.

We have not been able to use the wood-burning stove due to safety reasons.

As per the manufacturer, HETAS and building control regulations, there needs to be a safe distance between the stove and surrounding structures. The installer has installed the stove flush against the back wall. This has caused the paint to peel away and make a foul smell when in use, so we can no longer use it as its unsafe.

HETAS said if a claim was made within 6 years they would have been able to put things right.

Do I have any other recourse based on the evidence the stove was not installed correctly (HETAS certificate and building control shouldn't have been issued), as the cost to make it safe would be approximately £2500?

I have spoken to Citizens Advice who have advised that it is difficult as the timeframe is over 6 years, but from a safety/criminal aspect they have passed the case over to local trading standards to investigate.



Thanks,

I would say you have no claim because you never purhcased the item. Did you get a survey carried out when you purchased the property? If so, what did that say about it?

Sadly I think you'll just have to take this one on the chin. Even if TS do investigate, it wouldn't help you out.

lincroft1710

I can't see TS can (or will) do anything as the installer ceased trading 6 years ago. They certainly won't be able to get you any recompense. Your post isn't quite clear but I am assuming the installer self certified for BC purposes as many double glazing and CH boiler installers do.


Sorry but I'm afraid you will have to foot the bill yourself

user1977

Did anyone inspect the stove for you before you bought? I would expect surveyors would generally advise you to get an expert to check whether it's safe. If you didn't bother doing that, I can't see you have any claim - in the same way that you're deemed to have accepted all the other faults in the property.

born_again

Have building control regulations changed in the 11 years since install?

Aylesbury_Duck

I agree with others. It's your (or your surveyor's) responsibility to identify things like this before purchase and get the owner to resolve or compensate accordongly. Add the fact that it's many years ago and the installer is no longer in business and I think it's a lost cause.

Devongardener

The building regs for wood burner installation did change in January 22, particularly regarding the space around the stove.  We had problems with this when trying to sell our house last year, when we had to provide a chimney sweep’s  report that the chimney had been swept and that the installation was HETAS compliant.  The sweep could not certify this because the stove was too close to the rear wall and too high/close to the wooden lintel above it.   This gave us a lot of problems because our buyer’s solicitor insisted on an approved installation before they would sign and exchange contracts.   So at that point, so close to exchange, we decided to have the wood burner replaced, the chimney lined and the whole installation HETAS certified.   Although costly we decided this was better than losing the sale or offering a discount.   Infuriatingly the seller pulled out of the purchase 2 weeks later!

In your case I would say that it wasn’t your surveyor’s responsibility to report on the installation, as they are not HETAS regs experts.   However I’m surprised that your solicitor didn’t require the vendor to provide a chimney sweep’s certificate, which would have inspected and verified or rejected all aspects.  That certificate would have covered you for discovering the problems you have.        

DailyClicker

Thanks everyone for your comments.

When purchasing the property, I received the HETAS certificate which suggested that the installation was safe, but HETAS have confirmed that unfortunately this isn't the case. 

I did have a survey carried out, but it just states "There are number of solid fuel burning appliances to the ground floor. I understand these have the necessary HETAS certification and you should ask your legal advisor to confirm this."

@Devongardener - ah sorry to hear of all those problems, we have got a chimney sweep report from September 2021 which states that the wood burning stove is safe

Aylesbury_Duck

DailyClicker said:

Thanks everyone for your comments.

When purchasing the property, I received the HETAS certificate which suggested that the installation was safe, but HETAS have confirmed that unfortunately this isn't the case. 

I did have a survey carried out, but it just states "There are number of solid fuel burning appliances to the ground floor. I understand these have the necessary HETAS certification and you should ask your legal advisor to confirm this."

@Devongardener - ah sorry to hear of all those problems, we have got a chimney sweep report from September 2021 which states that the wood burning stove is safe

What did your conveyancer say or do, in response to this?

the_lunatic_is_in_my_head

Hello OP

£2500 seems a lot of money to move a stove forward 6 inches or so, I'm guessing the reason it was placed back against the wall is because of limitations above where the flue goes up the chimney?

You might get some good advice by posting on the DIY board:

https://forums.moneysavingexpert.com/categories/in-my-home-includes-diy-moneysaving

with pictures of the stove from all angles and some details best you can (what is the wall built of, what is opening the stove sits in lined with, what kind of paint is on the walls) to see if there is a more economical alternative to whatever you've been quoted for.