Chimney repair liabilities

[Scorpion44]

Hi, I wonder if someone could offer advice on my little scenario? I have tried researching this but can't find any good advice.

I have a victorian terraced house with a shared chimney stack. The chimney stack is in need of repair (just a bit of a rebuild at the top three or four courses of bricks) and I am happy to fund it as my neighbours are not in a position to contribute.

I am wondering what my liabilities are if something should go wrong on my neighbours side during the repair (anything from some displaced tiles to who-knows-what)?. We get on OK with the neighbours and they are happy for the repair to be made but he likes to grumble at most things and has already started sounding off a bit when the scaffolding went up yesterday as his car got a bit dusty!

I want to fully understand where I stand should something go wrong - am I responsible should there be some damage to the neighbours property? Could I give my neighbours a letter saying I not personally liable for any damages that may occur?

Thank you

 

[hotrod]

It's such a shame that people have to worry about neighbourly disputes like this. What's happened to our community spirit? I'm not having a go at you scorpion, I just think it's so sad that people feel they have to cover their backsides even when they're doing other people a favour.

I've got shared stacks on both sides of my house and have done work on both in the past year. I never gave it a second thought that my neighbours may grumble at me - but then I get on great with both sides.

All you can do is take reasonable precautions when working on the stack. Obviously, if you make defective repairs that cause the stack to fall on his car you'll find it difficult to absolve yourself from any responsibility.

If in doubt - don't touch his side. I trust my neighbours, do you? Sad but true - if he's moaning about dust on his car now you could be heading for trouble...................

 

[Scorpion44]

Thanks for your reply hotrod and I agree, it is sad.

Unfortunately the stack appears to be splitting down the middle so it is impossible to make a one-sided repair.

All I can do is talk it through with the chimney guy, ask him to be extra careful, and communicate well with those next door.

 

[RedHerring2]

If you've employed a builder to do the job, check his insurance.
If he has any, it should absolve you of all liability, caused by the work.

 

[big-all]

i would turn it on its head a little and remind them that if you only do your side and the stack falls down it will be on there shoulders to fund all repairs but you wont be too worried as it will fall onto the weak side and do minimal damage on your side
3 tons off brick will probably collapsing through the roof and down to the upper floor taking the ceiling with it

 

[tim00]

A splitting stack is a serious defect - why is it splitting? Both stacks at both sides and at all levels including the lofts req. investigating, dont presume that its merely frost damage.

The whole issue comes under party wall regs/agreements, research the many posts on this issue.