Chimney Stack - party wall

[JC92]

Hi,

So, I have had my chimney breasts removed from Ground and 1st floor and there is a Dormer and a bracket placed under the chimney. This was done roughly 14 years ago. I had gone through the planning permission and the council approval for the Dormer and was inspected by council at all stages of the build.

Neighbour removed his chimney breasts in 2017 from the ground and the 1st floor and placed a beam across.

Now, he is demolishing his side of the property and he wants to remove the chimney stack. Now, he is stating that he wants me to agree and pay half the cost of the removal of chimney stack.

What do I do?

 

[noseall]

Hi,

So, I have had my chimney breasts removed from Ground and 1st floor and there is a Dormer and a bracket placed under the chimney. This was done roughly 14 years ago. I had gone through the planning permission and the council approval for the Dormer and was inspected by council at all stages of the build.

Neighbour removed his chimney breasts in 2017 from the ground and the 1st floor and placed a beam across.

Now, he is demolishing his side of the property and he wants to remove the chimney stack. Now, he is stating that he wants me to agree and pay half the cost of the removal of chimney stack.

What do I do?

A 'dormer' placed under the chimney? Can you clarify?

Regardless, there is an obligation (both ways) when dealing with party wall issues. Your gallows arrangement is probably void now that your neighbour has removed their side of the stack. I'd at least consult with a pro.

 

[Koolpc]

Tell him to do one...

 

[JC92]

So, Attic was converted as a Dormer. Under the Chimney stack, I had placed a gallows bracket, which was accepted.

So, now, that the neighbour wants to remove the Chimney stack, he wants me to pay part of the cost of removing the chimney, is this right?

Also, how does this affect the party wall agreement?

Thanks.

 

[ckl139]

This isn't an official / qualified view, but I can see his perspective, in that, whilst you support the upper stack to remain, he now wants to remove it, half of the stack, whilst your not using it is yours.

That said its debatable in that the benefit would now be solely to him. Though as per another response, your support would be nullified if he removed.

 

[^woody^]

An owner (you) has no responsibility for anything on the other side of the property boundary - ie the centre of the party wall. However an owner (the neighbour) has a duty to ensure that whatever he does does not cause damage on the other side of the boundary.

The Party Wall Act applies to this proposed work. If that is invoked, the neighbour is responsible for all costs.

With this type of work, one side would need the consent of the other side to demolish a stack, but that consent does not involve a responsibility to contribute to the costs.

 

[Deluks]

Tell him you would rather retain the stack in case you decide to put a woodburning stove in, if he wants to remove it then he should compensate you for your loss.

 

[JC92]

Thank you guys. Any further suggestions would be greatly appreciated.

 

[Ivor Windybottom]

Honestly, I'd just agree to going halves. It will get rid of the potential problem for ever. It's disused but could still cause problems at any time. You won't have damp getting in, flashings that leak, just plain reliable roof tiles.

Really you could have discussed this idea with them when you did your building work, then you wouldn't have needed to pay all that money for the brackets if they'd have wanted to do it back then.

Get rid of potential issues, stay friends with your neighbours and all live happily ever after.

 

[Ivor Windybottom]

My before, during and after 2 weeks ago...

From 1950s to the modern world in 3 days. And I got £20 for the lead!

 

[sparkymarka]

Ready to rob …with no alarm bellbox now ! …. Lol

 

[Ivor Windybottom]

I doubt that anyone would have believed that it was still functional. The night vision cameras with glowing red rings should scare the baddies away (or at least tell them to put their hoods up!).