Obligations on the Use of Chimneys and Flue Pipes in France
Tuesday 17 March 2009
With a surprising number of you wondering what the rules are on chimney cleaning in France, we take you through the main legal framework.
The main law for chimneys and ventilation pipes in France is set out in Article 31 of Règlement Sanitaire Départemental (RSD). The rules are only stated in general terms. For more specific regulations you do need to refer to regulations of the local council, if any are in existence in your commune.
There are also separate national regulations for copropriété.
The national regulations require that your chimney flue pipes or ventilation pipes are cleaned once a year.
Local regulations in urban areas may provide for more regular cleaning. Thus, in Lyon all chimneys are required to be swept twice a year.
Where a chimney or flue for the evacuation of smoke fumes is in constant use throughout the year, and the flue also serves a business premises, then it should be swept twice a year, including at least once during a period of utilisation.
If the flue is not used, then there are no regulations that require they are swept.
In all cases the regulations require that a professional chimney sweep is used, and that a certificat de ramonage be provided by the professional on completion of the work. You cannot sweep your own chimney and comply with the regulations, despite the fact that many French do precisely that!
If you use a ventilation flue from a cooker, then you are obliged to have the flue swept at least once every three years, or more often as necessary.
You are not permitted to install an extractor hood ventilator in a room where there already exists a gas fire with an existing flue.
In general terms, there are no regulations stating what you can burn in your chimney, although in Paris the burning of wood is only permitted on the double condition that it does not cause a nuisance to neighbours, and that it is not the principal means of heating the property.
You may well find chemical based products in stores that promise to clean your chimney without the need for mechanical cleaning. Whilst the law does not prevent the use of such products, they can only be used on a complementary basis to a sweep of your chimney.
Responsibility for chimney sweeping in a rented property belongs to the tenant, although a landlord is obliged to ensure the chimney is in a good state of maintenance before a new tenant moves in. Within a copropriété it belongs to the Syndicat.
Most of you seek clarification on this whole issue because of the potential implications for your house insurance policy.
Whilst the fear about breaching your insurance policy should be taken seriously, you do need to read the policy for the provisions.
If a fire occurred you may be required by the terms of your policy to produce a cleaning certificate; in other cases no such requirement is stipulated.
However, whether or not stipulated, the insurance company could refuse to pay out in the event of the fire if they consider it was caused by your own failure to undertake regular cleaning of the chimney. Ultimately, if challenged, they would need to prove you had been negligent.
Whatever the terms of your policy, and the difficulty of proving negligence, the greater risk may well be to your own personal safety, not only from the risk of fire, but also gas fire carbon monoxide poisoning.
This article was featured in our Newsletter dated 17/03/2009
