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[Smith368]

We recently had a dormer loft extension which has flashing between the dormer and a shared chimney (with neighbour). The neighbours have complained to the council saying there is a health and safety issue with the chimney. The council have asked them to confirm if the shared (rear) chimney is in use or not. We believe it is not and the neighbours refuse to confirm to the council one way or another.
The neighbour want us to pay to raise the flue which of course we would do if the chimney was in use but we believe it is not. The council can’t issue us with a completion certificate without confirmation that the chimney is not in use or us raising the flue.
Does anyone know if we can be forced to raise the flue without confirmation that the chimney is in use and if we will run into any difficulties without a completion certificate?

[arbco]

If the dormer is within the zone in diagram 17 (solid fuel appliances) within approved document J then the B Regs department at the Council could make you raise the flue (although they will probably not take action just withhold the completion certificate)

However the neighbour make take further action and the Council may have to consider further as it is a H&S issue if the flue is within use?

If you do not complete the works and obtain the completion certificate it may impact when selling the house in the future. Ultimately you may have made the situation worse with the erection of the dormer.

[Smith368]

Thanks Arbco,
The chimney is definitely not in use but the neighbour is being difficult and won’t confirm this. They are now saying it’s not in use at the moment but they worry if someone buys the house and wants to put in a new appliance, they will be put off buying the house.