Neighbour refusing chimney rebuild, what can we do?

[Rebecca M]

So, we have a major damp problem, we’re a mid-terrace and each house either side suffers damp also.

We had an extensive damp survey that highlighted the damaged chimney stack needed repointing/multiple repairs.

Last week we had our (trusty) builder come to do the repairs but once he got up there it’s much worse than first thought, our side is crumbling and dangerous and needs rebuilding. The problem is our neighbours has repairs to his side 5 years ago so as far as he’s concerned there’s no problem (even though he has significant damp around his chimney).

Obviously you can’t rebuild half a chimney, but he’s refusing to allow us to rebuild the stack even though we’re willing to pay for the whole thing.

The damp is bad, the chimney is dangerous and just patching our side up isn’t going to fix the problem.

Any advice on how we proceed and getting the necessary repairs done?

 

[^woody^]

If you are certain that the neighbour's half is part of the problem then you can involve the council's environmental protection team to take action under their Statutory Nuisance powers and this will force the neighbour to carryout works to stop the nuisance/damp within 21 days.

Potentially also the same team could take action under the Building Act for the defective stack.

Otherwise, you can seek an injunction in the county court to require them to deal with the issue or cooperate with you to deal with it.

Or try your home insurers to act on your behalf.

 

[Rebecca M]

That makes sense. However, where do we stand even if his side is fine but ours is not and needs rebuilding? We’ve been advised that regardless of the condition of his chimney, our side needs rebuilding therefore that means the whole thing does because they can’t rebuild just our half of the chimney stack. It could just be our side causing the damp in both houses.

That’s why we’re willing to pay the total cost and not ask for half as it’s us that want the work doing. I can’t live with the damp any longer and really, really want it resolving as soon as possible.

 

[^woody^]

There is an implicit or implied covenant with all shared roofs/walls/gutters/chimneys etc that responsibility is shared, and this is different to ownership.

So a neighbour must with deal with repairs on their property to prevent damage to neighbour's property, and this is a duty. And it means that they must allow their neighbour to carryout repairs to things like shared chimneys which may require dismantling and rebuilding part of the neighbour's chimney.

This is enshrined in land/property law and is where an injunction will help.

Unless the damp is caused by defective flashing on your roof, or your own flue, or a clearly defined item, then any defect in the chimney could be attributed to the stack as a whole and require work to the whole stack to remedy the cause, in which case it's a shared problem.

 

[cdbe]

Unless it's a particularly slender stack, unlikely if it's shared, there's no reason why the damaged areas can't be extensively rebuilt/repaired in sections - obviously more hassle for your builder but surely better than a legal battle.

 

[Rebecca M]

But the likelihood is, the previous work he had done 5 years ago was a patch up job. And the fact he also has excessive damp around his chimney supports that theory (equally could be just coming from our side), however the concern is paying for chimney repairs that aren’t actually going to resolve the damp issue.

 

[catlad]

Rarely worth doing half of anything to chimneys. No pictures?

 

[datarebal]

As above, do it all with proper trays and flashings. If not expect it to bite you

 

[mattylad]

Does the neighbour have a fire that uses the chimney? It would likely be what they will use when your workers try working on it.

 

[datarebal]

Put a slate over his pot

 

[Rebecca M]

I can get pictures tomorrow! We’re letting the dust settle after a few cross words this weekend with him and his niece!

They’re having their builder out for a 2nd opinion, which is frustrating because he’s not going to tell them the repairs he did 5 years ago was a waste of time.

Just so frustrating! We’re offering to build you a brand new chimney which is likely to resolve the damp in your house. Where’s the downside? Argh!

 

[mrrusty]

If you are certain that the neighbour's half is part of the problem then you can involve the council's environmental protection team to take action under their Statutory Nuisance powers and this will force the neighbour to carryout works to stop the nuisance/damp within 21 days.

Dear Neighbour. Are you really sure you don't want us to pay for and rebuild the complete chimney stack above the roofline, to resolve both our damp issues and any you might have? If you choose not to agree to this work you expose yourself, in due course, to litigation by us to claim damages from you and remedy the statutory nuisance you are causing by not allowing us to carry out the necessary maintenance. You also create a legal dispute between our two properties which will have to be declared should you ever wish to sell up and move on. We really don't want to exacerbate this disagreement, but it isn't going to go away. love and kisses etc.

 

[^woody^]

Dear neighbour, the scaffold is going up Monday and will be down Friday. Best stay in, in case a pole hits you on the head. Love from becky xx

 

[mrrusty]

Dear neighbour, the scaffold is going up Monday and will be down Friday. Best stay in, in case a pole hits you on the head. Love from becky xx

I like this better than mine - - just do it!

 

[^woody^]

It's easier to ask for forgiveness afterwards than for permission beforehand