Chimney stack in dangerous state

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22 May 2011
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Avon
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United Kingdom
My house is a victorian terraced house (1890 ish)of very standard design and construction, which I was having re-rendered. As the render came off up the back wall and then up the top of the chimney stack, my builder pointed out that the chimney stack wasn't looking too great as the mortar was shot and this would be the time to look at removing the stack to below the roof. The whole chimney stack goes across mine and my neighbour's house at the rear extension. The builder said to ask the neighbour if they would like their half done at the same time (otherwise we could just make good their exposed side at our expense). It all seemed very sensible.

We tried for a couple of days to get hold of the neighbour, but had no success. In the end I told the builder to take down my half (unaware of the party wall act).
The builder started on the chimney and discovered that it was in a dangerous condition and that the neighbours side was, if anything, worse than mine. The bricks could simply be lifted out on my side but the neigbours side was looking worse and was leaning. He was very worried about the condition of the chimney. He fixed a note to the neighbour's front door.
Eventually the neighbour surfaced and agreed to some scaffolding round the chimney to catch it if it fell, while he decided what to do.
I can absolutely see that for the neighbour this is a horrible position to find yourself in without warning.

We have now heard from the neighbour who seems to think that we have caused the whole problem with his chimney. He's brought the party wall act to my notice.
What do I do? Should I call in Building Control?
It seems to me from his email that the neigbour has hit on the idea of me coughing up to have all his chimney removed and the roof made good.
Now I have read a bit about the act I can see the point of it, but I am no longer in the position of not having started. Plainly I am the cause of the issue coming up at this point, but I have not brought about the state of his chimney.
All helpful suggestions welcomed.
 
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The PWA will not apply to emergency work required to a dangerous stack

In any case, the PWA will not apply to the part of a chimney above the roof
 
Thanks Woody that does sound hopeful but I can't think why that would be right (I'd be quite glad if it is though). Is that what you have found in practice?
 

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