Raising neighbours chimney breast

[Billthebuildernot]

A party wall award has been agreed and signed (by appointed surveyor for neighbour) to raise the party wall of the roof.

At the rear of the property is a party chimney breast connected to the party wall parapet. Building control have stated the chimney breast must be capped, raised or removed, and must have written permission from neighbour.

Capping or removing I can see require permission, but is raising above the party chimney included within raising the agreed party wall?

 

[^woody^]

It should be specified in the award

 

[Billthebuildernot]

separately, or does 'raising whole of party wall' cover it?

 

[^woody^]

A chimney stack is not a party wall, so it should have been mentioned separately as it has its own implications

 

[Billthebuildernot]

not what I wanted to hear but thanks.

 

[^woody^]

Get the PW surveyor to serve an additional award to deal with the chimney

There should a clause in the original award to allow this, and it should be done at no cost to you

 

[Billthebuildernot]

would this trigger the 2 month notice again? Would the neighbour be able to appoint a different surveyor? (as the first was appointed for him and we have incurred fees for the appointed surveyor)

What are the neighbours options (given we need to cap, remove or raise the stack) - can he refuse?

We have in effect started work on the stack (as it is part of the party wall lower down) in that the stack on our side has been removed and the raised wall has begun to be built.

 

[^woody^]

No, he just issues another award. The neighbour can't dissent or appoint another surveyor

Presumably the award will "clarify" the issue with the stack as it would (again presumably) always have needed some work to be done along with the party wall work

If the neighbour shares a flue in the stack then he will want the stack raised to enable continued, or future use, so he won't be any worse off

I't's not clear if you are using a single or joint surveyors, but either way they have messed up and you should not be charged for this extra work

 

[Billthebuildernot]

Thanks Woody. Not using joint but appointed surveyor for neighbour is another surveyor from same firm. (they didn't respond to our notices, but they are responding now when we contact them.)

The surveyors said they would issue an addemdum to the award (so I presume this is in effect another award)

My only thought is what is the default option (if the neighbour just ignores request for a decision of what to do (raise/cap/remove) - I presume its raise but what time limit does he have before we can just get on with the default option!