Chimney problems not a shared stack (party wall act?)

[Lalass]

My neighbours chimney stack backs onto our living room wall. It is not a shared stack. Our chimney is on the opposite wall. The problem is on the wall that backs onto the neighbours stack, there is brown sticky stuff running from the ceiling and down the wall. A chimney specialist said it's from neighbours chimney. But neighbour is refusing to pay to correct the problem unless we pay half. Neighbour says it comes under the "party wall act". As the stack isn't shared we are disputing it. Can anyone advise.

 

[blup]

Is your neighbour's chimney in use.

Blup

 

[Lalass]

He's got a gas fire which isn't lined. When a smoke bomb was placed in the stack. The smoke came out into our attic room. So we believe that has to be lined for safety reasons. But it has been suggested that the top of neighbours chimney be removed to see if there are any other stacks that have been blocked off but not vented. Therefore causing condensation in the stack to leak into our living room.

 

[blup]

I'm not an expert but don't see that the party wall act has anything to do with it, if they're causing a nuisance it's their responsibility to correct it, or meet the cost of you doing so.

Blup

 

[bernardgreen]

He's got a gas fire which isn't lined. When a smoke bomb was placed in the stack. The smoke came out into our attic room.

Plain and simple health and safety issue. You will be at risk of harm if fumes such as carbon monoxide from the gas fire are entering your property.

Seek advice from the Environmental Health Officer at the local Council

 

[bernardgreen]

Another line to follow is a "Safe and Well" check if you local Fire and Rescue Service operate the scheme,

https://www.nationalfirechiefs.org.uk/Safe-and-Well

 

[Lalass]

Thank you will get in touch with both.

 

[lt8480]

Depends on the cause.

Assuming:
1. You haven't caused the problem (by say drilling in the chimney stack, in which I would say you are fully liable for the repair)
and
2. Not using the chimney solves the problem (thereby suggesting it is the use of the chimney and not water ingress from the roof/party wall that is causing the problem).
and
3. The remedy is relining the flue.

Then my view would be it is their problem to fix, or otherwise to simply stop using the flue to stop the "nuisance".

I would suggest:

1. Ask your neighbour to immediately stop using the fire until fixed. (If they refuse to stop then you can possibly report to the council and/or take legal action.)
2. Your house insurance should cover the repair on your side, they may wish to claim from the neighbours insurance (if they have) but ultimately that is the insurers problem to resolve.
3. If you neighbour wishes to simply reline I don't see what party wall issues their would be. As above if they want to use the chimney they need to line.

If they wish to try and get you to pay half they could get a Party Wall Surveyor to look but that may well cost as much as getting the lining redone.

If not the flue then it may be more complex. I would expect a PWS to give you 5 mins of their time if you called one.