Party wall Agreement issued

[DannySurrey1]

Hi

I really need some advise with regards to my neighbours reaction to a simple proposed chimney breast removal.

All drawings and council approval has been passed to my neighbour, although not a dispute level just yet he has asked for a full structural report.

Is this necessary for a chimney breast removal?

My builder has advised that this is not necessary as the works are not major, he has also made efforts to sit down with neighbour's to discuss said works.
He has also said that he wants to take before and after photos on both properties.

I have also advised neighbours that we are fully liable for any damages caused due to works being carried out.

Whilst I appreciate the neighbours need to protect he's property surely the documentation already provided is sufficient.

Any advice would very much be appreciated.

Many thanks

 

[hotrod]

Is your property a terrace/semi - Is this the breast(s) with a shared stack?

 

[chappers]

he is right to be concerned your chimney could be integral to the structure of both of your properties

 

[DannySurrey1]

Is your property a terrace/semi - Is this the breast(s) with a shared stack?

Hi

Property is Semi detached with a shared stack

Many thanks

 

[^woody^]

.... simple proposed chimney breast removal.

My builder has advised that .... the works are not major,

This work is not simple and the builder is wrong to say that they are not major.

There are significant implications for this type of structural work

If you have served a formal PW notice, then as part of any agreement, the adjoining owner can require a full structural report and photos etc.

If you don't serve notice, then the adjoining owner can not insist on anything.

But by the sound of it, unless you do something to confirm the current state of the neighbours property, then he will be blaming you for any crack, squeak or rattle in his house for years to come

 

[DannySurrey1]

.... simple proposed chimney breast removal.

My builder has advised that .... the works are not major,

This work is not simple and the builder is wrong to say that they are not major.

There are significant implications for this type of structural work

If you have served a formal PW notice, then as part of any agreement, the adjoining owner can require a full structural report and photos etc.

If you don't serve notice, then the adjoining owner can not insist on anything.

But by the sound of it, unless you do something to confirm the current state of the neighbours property, then he will be blaming you for any crack, squeak or rattle in his house for years to come

Hi Woody

Many thanks for the advice.

As I thought the neighbour has pretty much got me over a barrell.

Rgds

 

[alittlerespect]

Hi

May as well put my pennies worth into the pot!

Removing the chimney breast/s is not going to make one iota of difference to the integrity of the building and in this respect your builder was quite right, so I would question the need for a party wall agreement!

If I had been in your shoes I would have simply let the builder carry out the work, by the time your neighbour had realised what was going on it would have been too late to complain!

Given your situation and for peace of mind you could offer to take a photographic record of the existing condition of the interior of his property and get him to countersign the photographs as being a reasonable portrayal of the existing condition of the affected walls in his property. Then seal them in an envelope and post them to yourself for future reference (but only open the letter in the presence of your neighbour should a dispute arise.


One point - you would need to terminate the stack inside the loft space with a gallows bracket, and cap off the chimney pot with a vented cap.

Regards

 

[^woody^]

Removing the chimney breast/s is not going to make one iota of difference to the integrity of the building and in this respect your builder was quite right, so I would question the need for a party wall agreement!

If a few tons of chimney cantilevered out of a wall does not have the potential to affect the stability of a shared stack, then I don't know what will.

Remember that the brickwork within a chimney is typically poorly bonded and loose with soft mortar. And not forgetting the potential for one neighbour to already have removed part of the breast (properly or not) and then the other neighbour decides to do the same.

And the need for a party wall agreement? Well the law says that there is a need ....... the issue is whether to follow it or not

 

[hotrod]

Removing the chimney breast/s is not going to make one iota of difference to the integrity of the building

Behave

 

[Static]

Removing the chimney breast/s is not going to make one iota of difference to the integrity of the building and in this respect your builder was quite right, so I would question the need for a party wall agreement!

I disagree.. what if the neighboring property has had their chimney removed at ground floor only.. and put in some naff gallows brackets..
Removal of the other side could cause instability in the neighbours side with potential to kill someone..