Unsafe chimney in a terraced property

[VikingRose37]

I've just bought a Victorian Terrace house & whilst replacing the [original] roof the builders discovered major safety issues with the chimney stacks, that would not have been obvious during the survey. javascript:emoticon('')

The neighbour at one side are in the process of selling, they have exchanged contracts and expect to complete in a couple of weeks. Who is responsible for the repairs, the current owners or the new ones?

The builder tells me that repairing my side only will not be enough to make it safe. I'm prepared to fund the repairs to my property but can't afford to pay for repairs to both my neighbours property's as well. As it is a safety issue can I force matters and expect them to contribute to the costs, if need be?

 

[Joe Malone]

These issues can be difficult to work through but your starting point is speaking to the outgoing neighbour. They could just be very reasonable people and want to deal with it or it could already have been picked up during the survey and an adjustment made on house purchase price for the repairs. Once you've had that conversation it'll be easier to advise on or it might just resolve the issue.

 

[VikingRose37]

I've spoken to the current owner, their immediate reaction was there's nothing wrong because the survey hadn't picked it up.

I explained that it was the same for me but that the damage was hidden and a surveyor could not have seen it, even if he'd been able to access the roof space where the damage is. My builder has agreed to allow them, supervised, access to view the damage for themselves.

I have every sympathy with their predicament, it's just the same for me and I don't want to start a new neighbourly relationship on the wrong foot! I do need to know my rights and also who is responsible for what as the chimney is shared. I will then be more comfortable and will be able to continue the reasonable conversation in full possession of the facts.

 

[Joe Malone]

If the outgoing neighbour isn't prepared to share costs then it maybe something you need to take up with the incoming neighbour, first informally then possibly more formally as a party wall issue.
You also have the option of reporting this to your local council who have powers to take action on dangerous structures under the 1984 building act. I'm just unsure how this ties in with he fact that you're prepared to do the work. Maybe they would be prepared to serve notice on the adjoining owner if the structure could truly be deemed dangerous.
Presumably the surveyor acted on behalf of the purchaser but I suspect his report contains caveats with regard to areas not fully accessed or it is simply a valuation report in which case I wouldn't expect this issue to be picked up. Ideally the vendor would discuss this issue with the buyer to get it resolved ahead of the move.

 

[freddiemercurystwin]

As I understand it nowadays the seller is bound by the law to disclose items like this to their solicitor and anything that may affect a buyers decision and you could maybe drop this hint to the them. I believe the agent is also bound to do this. That said as exchange has occurred it may be too late for anything practically to be done about it now.

 

[Joe Malone]

As I understand it nowadays the seller is bound by the law to disclose items like this to their solicitor and anything that may affect a buyers decision and you could maybe drop this hint to the them. I believe the agent is also bound to do this. That said as exchange has occurred it may be too late for anything practically to be done about it now.

Yup, good point.

 

[fmck]

Surely if you repair your side then the chimney if it fails will be towards their roof.

 

[dann09]

1. OP, what has happened, if anything, since your original post?
The clock is ticking, in terms of any disclosure leverage that you might have?

2. What, precisely, is the damage/danger referred to above?

3. Pics of the issue should have been presented to the other parties - they will help to concentrate minds.