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Party Wall Problem

ebuild » Structural Works, Foundations and Demolition » Chimney Breast Removal » Party Wall Problem « Previous Next »

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Pringle
New Member
Username: Pringle

Post Number: 4
Registered: 10-2005
Posted on Monday, 10 October, 2005 - 02:14 pm:   Edit Post Delete Post View Post/Check IP Print Post

Any thoughts on this problem would be much appreciated:

We’re renovating a two story semi-detached property and have removed a chimney breast all the way up to roof level and then supported the remaining stack at roof level as buildings officer stipulated. The breast is/was on the party wall and our neighbour had already removed their breast, which mirrored ours, some years ago. The part of the chimney above the roof remains and straddles the party wall.

We’ve now found out that the neighbouring breast was only removed to just above top floor ceiling level and left corbelled, (poorly in my opinion), in the roof void. The loft height in this part of the properties is about one meter. The neighbour’s stack was never capped off and daylight, rain and bird droppings all fall into their loft void.

The problem is that a few of the neighbour’s bricks have fallen out of place –quite possibly as a result of our activity but it may have happened over time anyway.
We have offered to put this right by putting the bricks back up thus leaving her corbelled stack as it was.

Our party wall “expert” thinks that removing the rest of the neighbour’s chimney, the stack on both sides of the roof and then repairing the roof, all at our expense, is the “easiest” solution. Funnily enough the neighbour agrees with this!

It appears to me that we’re being asked to put right something that wasn’t done properly in the first place – as stated above, were prepared to put the bricks back as they were.

Any views would be most appreciated.
Cwatters
New Member
Username: Cwatters

Post Number: 145
Registered: 12-2004
Posted on Monday, 10 October, 2005 - 04:56 pm:   Edit Post Delete Post View Post/Check IP Print Post

If you repair it they way you want the end result is a totally redundant chimney perched on top of the party wall. Murphy's law says it will fall your way when the next big storm arrives :-) I'm not sure if the party wall experts view is binding but personally I'd take it down.

Will the planners let you take it down though? They might consider you need planning permission if it changes the appearance from the front.

If that's the case.. I've seen ready made chimney stacks in the building mags. I assume they are made of fiberglass or brock slips but I've not really investigated.
Pringle
New Member
Username: Pringle

Post Number: 5
Registered: 10-2005
Posted on Monday, 10 October, 2005 - 08:25 pm:   Edit Post Delete Post View Post/Check IP Print Post

Thanks Cwatters

I agree it probably would be best to remove it but when we originally spoke to building regs about removal of the breast they stipulated leaving the stack and supporting it. Our engineer agreed and did the calculations. The work was carried out to all’s approval and it was noted in our party wall agreement that this had been done.
What is getting to me is that because our neighbour removed their breast without paying regards to local regs (ie –left it poorly corbelled and didn’t get it signed off ) we are now faced with the bill to remove the rest of their breast, both stacks, fix both roofs and have wasted time and money supporting our side properly.
Flynnyman
New Member
Username: Flynnyman

Post Number: 354
Registered: 01-2005
Posted on Tuesday, 11 October, 2005 - 01:25 am:   Edit Post Delete Post View Post/Check IP Print Post

appart from taking down whats left of their chimney, the job even though it sounds like a lot more work isnt,patching up too something existing usually involves just as much work. you will find in the long run theres less chance off a leak and maintenance to the roof and thats less cracks and internall damage from water. i can see where your coming from, your going by the book and your neighbours are getting off scot free, have a chat and see if you can get any of the cost of removing their chimney from the loft, even a couple of hundred would help.the calculations would of taken into account the chimney on the otherside balancing things up.Ask the neighbours if they've got a building notice of the chimney removal? that might get that couple of hundred.
Keith
New Member
Username: Keith

Post Number: 129
Registered: 10-2004
Posted on Tuesday, 11 October, 2005 - 10:05 pm:   Edit Post Delete Post View Post/Check IP Print Post

We don't have this situation in Scotland. Removing the breast and leaving the chimney!! Surley you knock it all down and rebuild the neighbours's chimney!!
Cwatters
New Member
Username: Cwatters

Post Number: 150
Registered: 12-2004
Posted on Friday, 14 October, 2005 - 05:42 pm:   Edit Post Delete Post View Post/Check IP Print Post

> The work was carried out to all’s approval
> and it was noted in our party wall agreement
> that this had been done.

I'd be tempted to say your responsibility ends at that point... but I don't know enough about the Party Wall Act. Does it require you to provide a warranty!
Melmal
New Member
Username: Melmal

Post Number: 1
Registered: 02-2006
Posted on Saturday, 11 February, 2006 - 08:50 pm:   Edit Post Delete Post View Post/Check IP Print Post

I want to remove a 1st floor chimney breast and below ground floor chimney breast on a party wall. The neighbours removed theirs some years ago! Do I need party wall permission? Nseither chimney is functioning and the chimney has been capped at roof level.
Cwatters
New Member
Username: Cwatters

Post Number: 374
Registered: 12-2004
Posted on Saturday, 11 February, 2006 - 11:58 pm:   Edit Post Delete Post View Post/Check IP Print Post

Yes you would need to comply with the party wall act but the act appears to give you the right to do the work you propose so next door shouldn't be able to block you. You also need Building Control approval.

http://www.nfh.org.uk/law/party_wall%20_act_1996/index.php#2

Quote

Repair etc. of party wall: rights of owner

(g) to cut away from a party wall, party fence wall, external wall or boundary wall any footing or any projecting chimney breast, jamb or flue, or other projection on or over the land of the building owner in order to erect, raise or underpin any such wall or for any other purpose;

End quote

See also
http://www.richmond.gov.uk/home/environment/building_control/building_control_technical_advice_and_guidance/chimney_stack_removal_guidance/can_the_chimney_stack_be_removed.htm?printout=1

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