Chimney Stack Removal

[Firsttimereno]

We’re mid loft conversion and have been notified by our builder that a chimney stack on the roof (shared with neighbour) has started to split and it may be best to remove the stack on the roof entirely.

 

The poor condition of the stack was noted on our survey when we bought the house a few years ago and so has not been caused by the building work. Pictures at the start of the building work show the stack in the same condition it is in now.

 

Our neighbours signed a PWA at the start of our conversion but doesn’t include anything related to removal of the stack as this wasn’t known at the time.

 

We have asked the neighbours if they use the chimney and if we would be okay to remove it but they have come back accusing our builders of causing the split. We’ve already said we would cover the full removal cost as part of our broader works and so are not looking for a contribution from them.

We could alternatively just repair our side a bit which will probably prolong the life of the stack and will mean it will likely need repairs in the future which will cost more (I.e scaffolding again etc) and would then need to be shared costs.

 

I’m reading mixed things online but does anyone have similar experience and know if removing the chimney stack is in scope for party wall agreement and thus we would need to send another notice to remove it / two week wait time etc. Would a repair to our side only also cover that or could we just go ahead with that and move on?

 

Is there anything else we should be mindful of re impact to their property if they do agree to a full stack removal?

 

Any help appreciated.

[Redbeard]

7 hours ago, Firsttimereno said:

but does anyone have similar experience and know if removing the chimney stack is in scope for party wall agreement and thus we would need to send another notice to remove it / two week wait time etc.

 

I don't have this particular experience but I have worked subject to the PWA on a number of occasions and am pretty convinced in my own mind that this is a Party Structure. https://www.redbridge.gov.uk/planning-and-building/building-control/chimney-breasts-removal/#:~:text=The Building Regulations require that,1.2. suggests that Bldg Regs approval is required, and if it is a party structure I think it must be covered by the consultation etc. rules in the PWA. Also my take on it is that it is quite clear cut; you cannot remove next door's part of the stack without their consent. So I think if they do not wish to lose the whole stack not only must you work on your side only, you must also work according to the requirements of the PWA, which will include making good, insofar as turning a 'party wall' (the wall between your flues and theirs) into an external wall and all necessary slate/tile and lead-work.

 

If there is any suggestion that the flues on the neighbour's side may be used in future (and the retention of the stack would seem to suggest that this is a possibility) you will probably also have to prove that no rubble from the removal of your part of the stack has blocked or in any way affected their flues. This is covered a bit in the link above.

 

As I said I have not had this specific issue before so I am happy to be proven wrong!

[MortarThePoint]

What sort of costs are involved? I'd take it on the chin and pay to fix the whole stack with their agreement, but being clear it's not because you believe it was damaged by your builder but because you understand it's important to your neighbours.

 

Chimneys can add character so may be important to them from an aesthetic stand point.

 

That requires some trust in you neighbours to not try to take advantage of you down the line on other things, but all this sort of stuff is best discussed in person over a cuppa.