To consider the external chimney pipe as part of the house

Good evening everyone,
A perhaps somewhat unusual question, but I still have to ask it.

We are currently building an extension and have planned a fireplace, which includes an external chimney pipe.

The extension ends exactly 3 meters before the property boundary, and now the question has arisen whether we are even allowed to install the chimney pipe or whether this pipe is counted as part of the building structure and thus must be included in the distance calculation. We have rather strange neighbors, and so we would rather be on the safe side.
I hope I was able to explain the matter clearly and thank you in advance for your answers!

Best regards!

Hello Peerless,

according to the NRW Building Code, buildings are:

§2 (2) Buildings are independently usable, roofed structural facilities that can be entered by people and are suitable or intended to serve the protection of people, animals, or property.

Furthermore, the following applies:

§6 (1) Distance areas of above-ground buildings must be kept clear in front of the exterior walls of buildings. [...]

(7) When determining the distance area, the following are not taken into account if they protrude no more than 1.50 m in front of the exterior wall,

2. subordinate components such as cornices, roof overhangs, and terrace coverings, provided they are at least 2 m away from the opposite neighboring boundaries [...]

In addition, the commentary on the law "Notes on §§ 6 and 73 Building Code NRW, as of 15.01.2010":

7.2 subordinate components
7.2.1 The reference to cornices, roof overhangs, and terrace coverings is only exemplary. Generally, subordinate components are favored. These can also be ventilation outlets, grilles, for example.

In plain language: buildings trigger distance areas, subordinate components usually do not.

But: first check the development plan, verify neighbor law/municipal statutes (usually only special regulations apply to open fireplaces) and consult the district chimney sweep. The district chimney sweep must approve the system anyway and can surely say something about the installation on the outside or describe this to the building authority so that there is clarity there.

Best regards
Dirk Grafe

Dear Dirk, thank you very much for the really very insightful answer. The chimney sweep has already been here and knows our plans but said nothing about it. It was only our own concern since our architect also did not know an answer and we do not want to give the neighbors any reason for complaint again.