In article , Andy Hall
writes
On 3 Jun 2004 14:36:38 -0700, (Kev Parkin) wrote:

Thanks for all the advice, to try and answer some of the questions in
the above posts:

a) There is no shared access

b) The neighbours wall forms the boundary to my property

c) The flues/pipes etc protrude directly from the wall, hence are on
my property

d) There is no garden between the wall and my path

e) The passageway is the only access from the back to the front of the
house for pushchairs, bikes etc, so is used daily

f) I don't know what type of boiler it is - if it's a
combi this would make it worse.

g) There is no fence the wall is the boundary

Once again thanks for the input, I think I'll have a word with him and
then take things further if that doesn't have any success.


Kev


Kev,

I think that you have to decide what outcome you are looking for and
its implications.

If you go and see him now, what are you going to say? Do you just
want to mark his card to the extent that you are disappointed that he
did this without asking and leave it there? Do you want him to get
the probably obvious issue of the pressure relief pipe redone properly
so that it is safe?

From the perspective of the flue, where he has it now - i.e. 1m from a
facing wall, meets the gas safety requirements but there is the
possibility of encroachment on your property by virtue of the Building
Regulations and the distance of the flue from the boundary - minus
something. Do you want him to move the boiler? If so, you'll need
to check the facts first with the BCO.

I think if it were me, I'd decide how far I'm willing to take the
issue first and what I want for an outcome, then check whether I have
the backing from a regulatory perspective for it. I would also
consider the implications if it did become an "official" dispute and
factor that in as well. Only then would I go and see him, having got
a full hand of cards.

If you go and see him without checking the possible regulatory
remedies, then you could make the issue worse if he tells you to take
a hike, because you then have to go back to an inflamed situation with
the big guns, or if there is no basis for compalint, you are stuck.

If you do it on a "were you aware that" and "this is a potential
safety issue" and "I'm sure you don't want to create a hazard" basis
and then mention that you've looked into the gas safety and building
regulations if you need to do so, I think that you can make it a lot
simpler.


Perhaps the best thing to do is to seek the advice of the BCO and ask
him if and when he sees the neighbour would he not mention that there
has been a complaint. He's just there to inspect building works. After
all if its a matter of regulations being infringed then where are you at
fault?.

Its a statutory thing and nothing to do with you which is a good way to
view it, as if he has infringed any law or reg than he won't be blaming
you for "dropping him in it" so no unnecessary upset betwixt U and your
neighbour.

After all you never know when you might need their agreement to do
something you want to do!.....
--
Tony Sayer