Neighbours have no flue - report to building control?

[LondonNQT]

Our party wall neighbours are tricky.

While installing our flue and wood burner our builders knocked through to their chimney breast. Not great by them, obviously, but it’s only a brick sized shape worth and they’ve made good.

This of course triggered a visit from the party wall surveyors - ours is our architect. He advised their party wall surveyor, and us, that there is no flue installed/attached to the gas fireplace they have there and this is highly illegal and dangerous.

The house was flipped at some point before they bought it and the builders were cowboys from what we can tell. Their response to us is that they never use this gas fire and are showing no signs of making any effort to do anything about this. I can see that building regs as far back as 2000 (came into effect in 2001) say that a flue is needed, so this also won’t have met building regulations. We know that their attic conversion wouldn’t have been building regs compliant when it was done, so we presume when they bought it the building regs certificate had been ‘lost’ and they bought insurance to mitigate this.

We will, of course, ask them again to fix this but if we report them to building control will the local council actually do anything/investigate?

Also, other than putting carbon monoxide alarms in the rooms alongside this chimney what else can we do to protect ourselves?

If its not used do they need to add a flue?They may just decide to take the fire out at some point.

Do the neighbours have a gas fire or a log burner?

If they don't use it there is no risk. You could ask them to cap it off but it is up to them.

Do you mean a flue liner? Assume it is attached to a working chimney?

I would discuss with the council....as said, prob not much you can do although if they ever sell it then I'd make them aware as the outcome could be tragic. Not sure though if a routine fire service would pick this up

Has fire @Tothepoint99

Of course @LIZS but they have in the past rented it out for short let’s, so a tenant could use it?

Yes @MarieG10 - attached to the original chimney but it is not lined.

I believe as they’ve been told about the issue, and are choosing not to do anything about it, that they would be liable in both civil and criminal courts. Although as we’re likely to be dead at that point I’d rather do something before it comes to that!

Best bet is to get them agree to having the fire deactivated as they don't use it.

We're in a very similar position - flat underneath us have had a gas fire installed ,no flue just the old ( circa 1890s ) brick chimney .

They say they probably won't use it .We have carbon monoxide monitors.

If it's an immediately dangerous or at risk installation under the gas safety regulations then it must be taken out of use properly ie capped off. The gas transporter has legal powers to cut off the gas supply completely if there is a danger.