I am so glad I have found this forum, I was starting to give up hope.

We are in the same situation with a neighbour's smoke. Their smoke never seems to go away, most of the time it comes horizontal out of the chimney then drops straight to the ground. If the wind is in our direction it comes straight over to us hits our house and then sits in our garden comes into our kitchen and conservatory, we can't even sit out on the patio at times because the smoke is so strong it burns the back of your throat.

There is a height difference in houses, our house is 4 storey and on a slightly higher level to the neighbour, their chimney is about the height of our downstairs windows, so our house is a huge barrier for the smoke to hit, there are also alot or large 15+ metre high trees around, the pressure seems to be downwards that the smoke never leaves the area.

We have a neighbour who has the attitude of 'I'll do what I want and I don't care if affects you'. Unfortunately there are no other properties around it is just us against him.

The problem has been going on for 2 years so far, the first year we did not say anything and hoped that he would look into the problem as he said that he was having draw issues with his chimneys. The second year reported it to env health, who took nearly 6 months to send a diary, eventually they wrote him a letter to inform him of the complaint and asked him if he was burning the correct fuel. The neighbour changed the cowl on the chimney which has made no difference at all. Just complained to Env health again as the smell has become really acrid, even standing in our garden for a few mins gave a burning sensation at the back of your throat. Env Health don't seem to want to know, he said unless he can see the smoke particles coming in our house through the windows he can not put it down as a complaint, does not matter that we can not sit in our conservatory, patio area or kitchen with the acrid smell of the smoke. The other problem we have is that every time we phone him to say it is happening, he can't make it out or turns up 4 hours later when it has died down.

The neighbours have a woodburning cooker that is connected to a thermal store so we don't even get a break in the summer as it is going all the time, sometimes from 8am to 10pm. What makes it worse is that the summer is coming up and you want to open your windows but you know your house is going to get full of smoke.

I'm still reading through the whole of the thread, but we can't live like this and we could never sell the house with this problem so we're digging our heels in and going to fight to get it sorted out, I know it is going to be a long hard slog.

I think the most important first steps to follow as learned from the other thread are the importance of gathering and keeping evidence - video, photographic and written records of all events. Plus sort out how you will finance the campaign - Mikeee5 is very fortunate that his insurance covered him for his struggle. You may get lucky with your MP and it won't do any harm but I wouldn't be too optimistic about getting any results that way.

Posted By: GotanewlifeThe other way would be through Which choosing to champion some change in the law/change in the interpretation of existing regs

I'm not sure that a change in the law is needed rather than than relevant authorities who have the duty to 'police' these issues to actually get off their backsides and do their jobs !!!!

Thanks for your advice.

I am amazed that there is not more help from env health, the first time I reported the problem they were actually saying that it is really difficult for them to take action and I could take out a civil case myself if I wanted. That was even before even investigating the matter.

One thing I have been looking into is that they built a new chimney for this woodburning stove which is over 1.5 metres above ridge height, as I understand from information that I have looked at on the internet planning permission should have been applied for this, so will be getting onto planning dept on Monday to see if they can help with the issue.

Have already been taking photos and recording a diary, but the photos don't have a date stamp on them so I'm not sure if I should take video showing the exact date. Have also been recording wind direction and speed to show what days it affects us.

No it isn't a smoke controlled area, the installation was done 2 years ago and they built a new chimney. The first year we didn't do anything as our neighbour said that he was having problems lighting and getting the woodburner going so we throught he might do something about the chimney problem himself. The second year we got in touch with Env Health who took around 6 months of constant phoning to send the diary through, then sent a letter to the neighbour asking if he was burning the correct fuel and that was it. I've got in touch with them again this month saying that the problem is still there when I mentioned about planning and building regs he didn't seem that bothered. The neighbours have told him that as far as they are concerned they are doing nothring wrong. We said that it can't be right that we sit in our own house which smells of smoke and we get a burning sensation in our throats from the fumes, he says he needs to witness it and it seems to be very dificult to get him here the exact times that it is happening.

I've said that I can show video of the smoke going down to the ground constantly and he doesn't seem to want to know.

For a civil action you could apply the principles in Ryland v Fletcher, but you will need a brave solicitor.

Should be able to do it via email or fax, that is treated the same as registered/recorded mail I believe.

I've done some investigating today, the chimney with the woodburning cooker has not got planning permission but the cooker has been fitted by a HETAS engineer. The other 2 woodburners have not got building regs.

The owner fitted the 2 other woodburners himself, one of them around 2 years ago and building control said that unless I can prove that they have been fitted in the last 2 years they don't need building regs and there is nothing they do about these. The owner has sent a lovely letter to environment health saying that these 2 woodburners were already in the house when he purchased it 6 years ago !!! I'm amazed how people can lie so easily. These two woodburners are not used as often as the cooker one but when used the smoke comes out and drops down to the ground as well.

So said to building control, what about the illegal chimney, the woodburning cooker has been fitted by a HETAS engineer but clearly it does not comply as the combustion and pollution does not get carried away but instead comes horizontally out of the chimney and drops straight down to the ground all around our property and in the house when the wind is in our direction. His answer was, sorry can't help you as long as it has been fitted by a authorised person and signed off there is nothing we can do, get in contact with HETAS and see if they can help.

I'm waiting for the planning enforcement officer to contact me and will putting my complaint in writing to planning and building control, but I can see straight away that everyone wants to pass the buck and not get involved.

Good day today as the wind is not in our direction so we can breathe, we live our life looking at the wind direction every night to see if we are going to have a bad day the next day.

Any advice on where to go next, I suppose I can try HETAS and see what they have to say.

The head of planning and regulatory services told me that anything to do with the performance of the chimney was the responsibility of HETAS Peter. This was in his last letter back in 2014. Will be interesting to se what Amanda's shower of , I mean fully proffesional people have to say!

Have you considered a civil action for private nuisance:
http://www.inbrief.co.uk/land-law/private-nuisance.htm#

It seems that there is a reasonableness test that ignores issues where the complainant is being overly sensitive so it would be important to have a third party expert advice to support your case before you proceed to take action.

Note though that if you start an action against a neighbour or have a dispute you will almost certainly have to declare to a future buyer. The buyer will then be aware of the nature of the problem and it may affect a sale.

Pressuring your local council to apply the statutory nuisance provisions of the Environmental Protection Act 1990 looks the 1st course of action. As mentioned bu MarkyP, try your local councilor and consider the local press.

Otherwise you do have the option of pursing the matter yourself - some advice here that looks helpful:
http://www.eden.gov.uk/environment/pollution/statutory-nuisance/private-action/
http://www.richardbuxton.co.uk/the-law/nuisance

Posted By: Mikeee5The head of planning and regulatory services told me that anything to do with the performance of the chimney was the responsibility of HETAS. This was in his last letter back in 2014.

Opps you are correct - from the HETAS web site
HETAS Objectives
Promote and monitor continuous improvement in the safe installation and use of solid fuel appliances, systems, chimneys & flues, and in their maintenance.

Clearly the HETAS engineer failed in his duty of care when he signed off the installation. When you make your complaint to them it may be worth asking HETAS if a certificate can be withdrawn if an error in certification has been made by signing of an installation which manifestly does not work. If it can and the certificate is withdrawn then the stove can not be used until a certificate is obtained.

The web site also gives names and addresses to whom complaints should be made. So Waddler get the letter off, but be prepared for the usual smoke screen (sorry couldn't resist it) about the use of the wrong type of fuel or a badly operated stove - none of which IMO will affect the performance of the chimney in its ability to carry away the products of combustion as per the building regs.

I would be surprised if the building regs dept. can wash their hands totally of a contravention of the building regs.. It would be interesting to know who is the authority of last resort. Probably still worth a letter of complaint to the building regs dept. so that the fact of the complaint is on record.

HETAS recognise that the minimum requirements won't work in all instances Mike1. They checked my neighbours installation and concluded that there was a smoke nuisance problem associated with my neighbours stove compliant or none compliant. It's the local authorities that need educating !!!

Posted By: KB1Try sending a press release to your EH and Planning officers - mention them in the article if you have their names.

Heres one I've just sent to Ceredigion County Council

Could you provide a link please.

Some notes on enforcing the Building Regs here..
http://www.eastcambs.gov.uk/building-control/building-regulations-enforcement-appeals

"If a person carrying out building work contravenes the Building Regulations, the local authority or another person may decide to take them to the magistrates' court where they could be fined up to £5000 for the contravention, and up to £50 for each day the contravention continues after conviction."

I wonder what they mean by "or another person"?