Removal of Chimney Breast - Building Control?

[^woody^]

I've spent most of my life reading Acts and regulations and got to agree the PWA applies. It couldn't be anymore clear.

You need to go back to school matey.

 

[tony1851]

OMG. If you are going to quote the Act, then please ensure that you understand what you are quoting.

section (g) relates to cutting off a projection owned by the adjoining owner that projects over the land of the building owner.

Section 2(2) of the Act distinguishes "building owner" from "adjoining owner"; the 'building owner' is the person doing the work on the party structure and the 'adjoining owner' is the person on the other side of the party structure.

In the OP's case, the OP is the building owner and is proposing to remove the chimney breast from the party wall.
Section 2(2)g specifically states that removing a chimney breast/jamb/flue for whatever reason comes under the Act.

It's in black and white and couldn't be clearer.

The section you refer to concerning parts of the property of the adjoing owner which overhang the land of the building owner is para. (h), not (g).

 

[christianbeccy]

What have I started?!

Whether we need to do anything within the PWA or not, a 'comfort letter' will be written in any case, laying out what work is planned, timings and so on. My daughter gets on with her neighbour OK. If PWA is needed, we're not looking to circumvent that by the way.

 

[tony1851]

That's fine. If your daughter is on good terms with her neighbour, hopefully a simple letter and mutual agreement will be OK for both.
The legaleze of the PWA is more formal and in some ways is not really calculated to help good neighbourly relations.

 

[christianbeccy]

That's fine. If your daughter is on good terms with her neighbour, hopefully a simple letter and mutual agreement will be OK for both.
The legaleze of the PWA is more formal and in some ways is not really calculated to help good neighbourly relations.

Yes, she's already mentioned the work, as I advised her to check the status of the chimney on their side.

I had suggested to my daughter that we draught up a letter detailing the proposed work, showing the design, offering some flexibility around them about when the noisy work takes place and accepting responsibility for damage caused during and as a result of the work.

The only snag is that I believe we should really view the chimney breast from their side, or else how do we know we'll not get blamed for unrelated damage?

Of course this all becomes far more official if it turns out we do need PWA.

 

[Nakajo]

Where's Woody?

 

[^woody^]

Where's Woody?

I've been busy serving notice on my neighbour under section (k) for banging my head against our party wall.

I hope it applies. I'll ask Tony

 

[christianbeccy]

The irony of all this is that the neighbour in question has a party wall extension with a whole soffit/gutter overhang that will prevent my daughter from carrying our the extension she'd like to do!

One things for sure, I'm glad I live in a detached property.

 

[Nakajo]

Note that it's the Party Wall etc. Act 1996. The 'etc' covers a variety of things that affect detached properties too!