Gas Boiler and ventilation

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I am in a block of flats, built in approximately 1880.

We all had our gas disconnected recently for gas work to be done on one of the properties.

When the gas guy came to reconnect mine he slapped a do not use certificate on my boiler.
This is an old Glow-worm 45-60 and has been in the flat for a very long time.

He has market two things
(1) Insufficient ventilation into the room, a kitchen.
(2) Unguarded flue.

Regarding the ventilation, I have been told that the regulation refer to new installations and that it was assumed that there would be air inflow though the fabric of old buildings as in
"Combustion Applicances and Fuel Storage Systems - The Requirements J1/J2/J3/J4/J5/J6"

Note that the boiler has been there for 10 - 20 years so far.

Regarding the ungraded flue.
The boiler is set into the old kitchen fireplace and to accidental touch the flue you would have to be deliberately reaching about two feet into the fireplace above the boiler.

Is this guy right or did I get someone on the wrong day. I have had corgi engineers out to service this before and nothing was mentioned.
 

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