Neighbour wants to remove (shared?) chimney

[chaoticj]

Hello all,

I've had a note from a neighbour - they want to remove a chimney which I believe is shared.

The houses are early Victorian, 160 years old and made from sandstone. We are a mid terrace and have a chimney breast in our kitchen which isn't currently used and above this, on their end terrace extension, which is probably almost as old as the main house - they have the chimney in question.

There are probably 5 or more pots/openings on the chimney.

They say that the chimney is dangerous and needs removing, if this isn't done I will be responsible if it collapses. They want to put additional scaffolding on my roof (there is already some on there since repointing has been done - including the chimney).

Should I allow them to do this? What ramifications could it have on my property and what is the correct procedure to follow? I can think of quite a few negatives to this work being carried out. They currently have no building regulations application.

Thanks in advance.

 

[tony1851]

If it's a shared chimney, the neighbour should be applying the Party Wall Act.
Under this, you would have some say as to how the work is carried out.
Google 'party wall act' for details.

 

[chaoticj]

Hi,

Thanks for the reply, I'm actually mistaken in that I'm not sure if they want to remove it, my partner text me what their note said and I've made up the part about removing it ?!

They want to 'get it sorted', I've no idea what this entails, I suppose that could still be removing it ?!

What should I do about this? Can I request full details of the works from their builder prior to any work being undertaken? What if they refuse to provide this?

Thanks a lot.

 

[ree]

As above.

It might lead to nothing or to solicitors heads up but wait and see below.

Typically, they are not allowed to touch or infringe upon any part or aspect of your property.

Has any part of your chimney breast or stack been historically removed?

Dont give permission for any activity or intrusion on your property.
Dont acknowledge the note, and dont hold any conversations about the matter. Be polite but busy.
Dont allow any workers on the in-situ scaff to enter their space or touch any of their property.

Typically, all pots on your house side of a stack are yours, as is that half of the stack.

Post pics of the roofs and the stack(S) on here.

 

[chaoticj]

Hi ree,

Thanks for your reply.

I'm not aware of any parts of the chimney stack or breast having been removed.

I'm at work right now and my partner informs me there are already contractors carrying out some kind of work to the stack? Banging noises, chiselling etc? but she doesn't know what they are doing exactly.

There have already been a number of occasions where their contractors have trespassed onto my roof and back yard/garden.

When scaffolding appeared on my kitchen roof for the repointing to take place to their extension side wall this is when I spoke to the neighbour about the lack of permission and put it in writing along with a request for details about the work taking place etc.

This was not taken as well as I had hoped! and that particular work has now been carried out, but the letter now received from them says that the chimney may fall down and extra scaffolding needs to be erected for the issue to be sorted?

Thanks for your help.

 

[chaoticj]

Hi,

I've since read the letter and it transpires:

- Sounds like the chimney stack is the one at the front of their house (which is not shared - still party wall?).
- A roofer has looked at it, and said it needs rebuilding.
- Scaffolding to be placed on my roof.
- If this isn't done, the chimney could collapse.
- If I deny access and the chimney stack falls, they will not take responsibility.

I've attached a couple of pictures taken from either side of their stack:

Untitled

• chaoticj
• 22 Jul 2014
• 1

Untitled

• chaoticj
• 22 Jul 2014
• 1

As far as I can see from a non-builder point of view it looks to be in great shape (better than my own). Thoughts?

 

[ree]

Its not clear from the pics where their house ends and your's begins - perhaps post full front and rear elevation pics?
Pics of any scaff on your kitchen or main roof would help.
The pics also appear to be slightly dated?

Do you have any chimney breasts or fire openings (even blocked up or vented openings) on that party wall?

If their chimney breasts or stack is on the party wall, even if its non-shared they must seek agreement with you before commencing any work. Nothing can be done on a party wall, so to speak, without the other parties permission.

 

[footprints]

I don't see the problem, they are maintaining the stack which is in your interest too as it might well end up falling through your bedroom ceiling.
It is accepted that a householder can ask for access to your property to carry out maintenance at a reasonable time.
As long as they take responsibility for any damage to your roof why worry?

 

[chaoticj]

Hi,

The stack is at the very edge of my property on the left hand side in the pictures, my property is on the right in the pictures.

The boundary is where those scaffolding boards abut i.e. an imaginary line at the left hand edge of the window and door upwards.

The stack isn't shared and there is no evidence of it ever having been, it's the one at the back that is shared, but I don't think they are going to do anything with that one.

Is there no potential structural risk? I'm not even sure what they are going to do exactly, so I'll ask for details.

Thanks a lot!