Can anyone explain the regs for chimneys adjacent to a neighbour please, we are getting gassed

mondeoman72

I have seen lots of other threads like this, and have reviewed page 13 of the planning regulations, but am still unsure after reading it.

Our neighbour has a single story extention and a stove which is literally gassing us. My daughter cannot open her window and the smoke and fumes are accumulating and the fumes are also coming through the airvents. Sadly, after approaching the neighbours twice, nothing has been done. I really dont want to fall out with my neighbours but they are being selfish. I attach photos of the chimney. Has anybody been here before. I am aware I am probably going to have to go to the council / planning / EPA

Thanks in advance

lawrencesummers

I was sure there was a minimum height needed.

Have you invited them in to sample the effects?

mondeoman72

It was suggested I close my windows. I am waiting on a call back from from a building surveyor.

https://www.boards.ie/discussion/comment/121789647#Comment_121789647

lawrencesummers

Why dont you phone a stove shop and tell them you want a stoce installed but your unsure about chimney requirements.

when was your neighbours extension built?

lawred2

https://www.boards.ie/discussion/2058336941/can-anyone-explain-the-regs-for-chimneys-adjacent-to-a-neighbour-please-we-are-getting-gassed

Yeah I'm fairly sure that's against regs.

lawrencesummers

https://archive.is/2020.09.24-191716/https://www.irishtimes.com/life-and-style/homes-and-property/our-neighbours-new-stove-flue-is-blowing-smoke-into-our-bedroom-1.4109507

mondeoman72

Cannot quite understand this. Page 13 of the regs.

muffler

Have a look at TGD J (Technical Guidance Document) which may help. Unfortunately it references other standards that you may need to research and also states in relation to some elements that you have to comply with "manufacturers guidance" or similar which doesnt really help unless you contact the manufacturer

mondeoman72

https://www.boards.ie/discussion/comment/121789684#Comment_121789684

Couple of years ago

Rebecca3292

If you suspect issues with a neighbor's chimney causing gas exposure:

Report the problem to local safety authorities immediately.

Consult a licensed chimney professional or HVAC technician to inspect the chimneys involved.

Keep records of incidents and communications with authorities and neighbors.

Ensure compliance with local building codes regarding chimney distance, ventilation, flue height, and appliance regulations.

mondeoman72

https://www.boards.ie/discussion/comment/121789735#Comment_121789735

I have no idea what kind of stove they have but the smell of it is woeful. We cannot open our windows. Waiting on a call back from a surveyor

pale rider

I’m a stove fan, have two of them and I’m really shocked at that installation, the chimney terminates way below the house roof pitch and smoke is challenged to disperse.

Smoke and smuts are getting into your home, The. smell is only part of it, not nice. Get onto the EPA and local CoCo environment section.

mondeoman72

https://www.boards.ie/discussion/comment/121789951#Comment_121789951

So it is reasonable to say that chimney is waaaayyy to low?

OscarMIlde

https://www.boards.ie/discussion/2058336941/can-anyone-explain-the-regs-for-chimneys-adjacent-to-a-neighbour-please-we-are-getting-gassed

Place I was renting we had the same issue, to the extent I had to double check that wasn't the same house. I suspect the neighbour was burning rubbish or green wood as the smoke was so black and acrid. We had to buy three air purifiers to try and limit the number of asthma attacks I was having. I complained to the council. They came to inspect but we're basically toothless. They said they would request measurements from the neighbour to see if it was within 1 metre even though it clearly fell short of that and obviously failed to disperse smoke regardless. They then forwarded the case to the EPA from which I never had a response. It's actually shocking there is so little action on this given the known health effects of air pollutants with relation to asthma attacks, strokes and heart attacks.

Mellor

https://www.boards.ie/discussion/comment/121789721#Comment_121789721

It has to terminate above that zone, unfortunately the diagram is missing a dimension for the vertical section of the zone.

Squiggle

That chimney looks like a health hazard it's so low.

However Found the EPA just as useless as the county council when I had to deal with back yard burning from the same premises near me. Persists to this day.

If you can cant get any positive outcome with the county council contact the EPA they say. So what does the EPA do ? Write up a lovely report and sent it to the county council that did FA in the first place.

MarkR

https://www.irishtimes.com/property/residential/2022/11/09/what-can-we-do-about-our-neighbours-chimney-smoke/#:~:text=This%20is%20covered%20under%20building,a%20chimney%20should%20not%20discharge.

Seems to be a common issue! Best advice seems to be below.

You should have your individual case assessed by a chartered building surveyor who will be able to determine if the chimney is discharging within the prohibited zone and make recommendations on how this can be corrected, if necessary.

mondeoman72

So has been reported on the See it say it app from the EPA. It says they route it to the local council so that is SDCC. Will see what they say. Still no call back from Kennedy Assoc surveyors

mondeoman72

So I used the app to make a report. Just got a call that they have it and someone will come out and look. I am currently sitting in an office and can smell bonfire off my clothes. The bloody smoke smothering the washing line as well !

FJMC

https://www.boards.ie/discussion/comment/121792263#Comment_121792263

Do you not draw your diagonal from verge level opposite flue (edge of lower structure) to higher eaves level (edge of vertical structure) - then draw your vertical intersection 2.3m off the line of the higher structure? Just checking my own understanding of that setting out!

Difficult to tell without better photographs or dimensions whether the flue falls inside or outside that zone. What happens when the flue is outside the critical zone but still causing a nuisance?

Mellor

Yeah that might be it. I think that could be clearer on the diagram. It’s the part that generates the trajectory of the diagonal line I was unsure of.

I initially thought it was well inside but on review it’s properly borderline. It more likely too close to their own property

XsApollo

Does it matter if it’s within the regs or not? might make it easier to remedy the situation if it’s not within the Regs.

Doesn’t mean you have to accept it just because it could be within the regs?

i have no knowledge of this , but surely you can’t be expected to just live with a chimney billowing smoke in your face and into your house regardless wether it’s within the regulations or not.

Mellor

https://www.boards.ie/discussion/comment/121834881#Comment_121834881

The regulations exist to provide reasonable health and amenity for the surrounding buildings. Below that zone is deemed not acceptable. No questions, it's a legal requirement.

If something was outside that zone, it could still be a nuisance. But you'd have a hard time proving it was an illegal installation. Which means it's more likely to become a civil issue between them. Which is much less cut and dry. So yes being within the regs or not matters a lot.

XsApollo

My point was about being able to challenge it, which your post seems to agree with what I was saying.

10-10-20

https://www.boards.ie/discussion/comment/121789709#Comment_121789709

Very good article that, sets it all out pretty well. The thing that I wonder is whether the pitched line terminates at the ridge of the extension roof rather than at the height of the parapet wall. If it's the ridge of the extension then it's non-compliant in my view.

You might also look into the prevailing wind direction too, having the wall and void of your garden may make it more likely that the smoke collects at that point when the wind is crossing from the direction of your neighbours house as becomes a vortex.

Calahonda52

https://www.boards.ie/discussion/comment/121789750#Comment_121789750

NO wonder He wept

Have you just arrived here from Arrakis

10-10-20

https://www.boards.ie/discussion/comment/121835756#Comment_121835756

No, probably from a server rack in an equally arid and desolate data-center in Clonshaugh. (It's an AI post). 😂

Calahonda52

This is crude and rough but lets see what the experts think here.

Angle is 30 degrees so it goes vertical at a height 4.445 m above the roof of the extension, crucially 2.3 m out from the wall of the 2 storey house so OP, we need to know two things

How far the flue is from the face of the 2 storey and your estimate of the flue height above the eave of the single storey.

If you post that I will redo the diagram.

My view is it does not comply so you file a complaint an observation with the LA

10-10-20

https://www.boards.ie/discussion/comment/121838144#Comment_121838144

Why not off the ridge-line of the extension? I seem to recall that there is that a requirement for the chimney to be as high as the ridge when being within ~2.5m of the ridge.

Calahonda52

https://www.boards.ie/discussion/comment/121838388#Comment_121838388

I agree , that was my take as well but this test might be a bit more conservative

mondeoman72

Hey folks. I really appreciate the opinions. We will see how it plays out.

I dont want to say to much yet, but there are two elements being looked at. The first is whether it complies with planning permission. If it does, the second element is the smoke blowing into the house causing a nuisance. It has been looked at, and now a planning expert is coming to see.

In the meantime, after saying it to the neighbour, then also sending a whatsapp video showing the smoke, and finally, a registered letter explaining the issues, we are waiting to see what happens next.

I really dont want to fall out with people, but I cannot allow my daughter to be gassed in her own bedroom. Not to mention the smoke alarm in her room going off!