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Chimney & Fireplace

Log burner legal requirements

Anonymous user 09/03/2024 - 2.34 PM

Hello, We have a log burner that was fitted about a year before we bought the house. A chimney sweep has said it is unsafe as there is no register plate. Also after more investigation there is no hetas or building control certificate. There is a liner & we do have a carbon monoxide alarm. Building control are asking for £230 to have a certificate done in retrospect. Question is, do I legally HAVE to have either heatas and/or building control certificate? If I use it without am I breaking the law or invalidating house insurance? Any advice will be great, thank you. Louise.

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1 Answer

Building Restoration Specialist

Rating: 5 out of 5
Liskeard
If Building Control have a legal interest, that is, if the install was done whilst the house was under LABC regulation etc, or whilst it should have been done under LABC regulation, within the last year or so, then they can enforce for non-compliance with Regulations. Otherwise, you wouldn't need anything by law as it were. For instance, you could buy an old farmhouse with a log burner in but with no evidence of any paperwork ever being given. However, of course your insurers would seek out clauses to potentially not pay out. Risk - a 'smoke and spillage' test, by a HETAS competent operative, should be done really, to demonstrate exactly what is says. Whilst the CO alarm is prudent, and necessary if you let, it is obviously a reaction to CO, and therefore it is best to try to establish that the source is reasonably safe. Therefore, if you use it without Certificate, and if LABC have a legal interest, they could enforce. Otherwise, I suggest it is at your risk. If you let the place (residential), and if the Local Authority had a doubt over the log burner, they could risk assess it under the Housing Health and Safety Rating System (HHSRS) and require you, under Notice, to demonstrate its safety in use. If you let it (holiday lets) it should be risk assessed to satisfy the Fire Safety Order 2005. Hope that helps, many thanks, Jason. Note - the above represents my understanding of the legal position in answer, you should not rely upon it for absolute legalalities, and should check further as necessary.
Answered28 October 2015
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