What is the situation where the plume from the flue of a neighbouring property is causing a nuisance?
A. Part J of the Building Regulations and the Gas Safety (Installation and Use) Regulations include requirements for the safe location of flue terminals with respect to property boundaries. Approved Document J gives guidance on what would be reasonable distances for safety. In some cases it is possible that the flue installation complies with the Building Regulations health and safety requirements but represents an unwelcome nuisance. In these circumstances the Building Regulations cannot be used to obtain redress. Part III of the Environmental Protection Act 1990 addresses statutory nuisance and clean air. It considers whether fumes or gases emitted from premises constitute “statutory nuisances”. Under the Act it is the duty of every local authority to take such steps as are reasonably practicable to investigate any complaint. If is felt that a local authority have not discharged their responsibility properly in relation to a complaint under the Environmental Protection Act, it is ope
