Check whether it complies with the Requirements of http://www.environ.ie/en/Publications/DevelopmentandHousing/BuildingStandards/FileDownLoad,1650,en.pdf (TGD Part J Heat Producing Appliances)
Diagram 1, Pararagraph 2.4 P. 6 may apply.
ONQ.
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All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matter at hand.