Can a neighbour remove a shared chimney?

Obtaining a Party Wall Agreement Before you can remove or repair a shared chimney stack, you'll need to obtain a party wall agreement from your neighbour. This document outlines the planned work, the rights and responsibilities of each party, and any necessary compensation.

What is the party wall agreement for chimneys?

The Party Wall etc. Act 1996 sets out the legal framework for the parties involved to resolve any disputes that may arise from the removal of a chimney breast. The Act requires that you serve a formal notice on your neighboring property owners to inform them of your intentions, and give them the opportunity to object.

Does removing a chimney breast require a party wall agreement?

In a leasehold property, the proposed removal of a chimney breast will also require Landlord's consent, as well as a Party Wall agreement. The purpose of the Act is to ensure that the rights of all parties are considered and provided for in respect of the proposed works.

Do you need a party wall agreement for chimney breast removal?

Regardless of whether their chimney is used or not, if it is shared then you will usually need your neighbour's agreement. You cannot remove a shared chimney breast without their written consent.

What does a party wall agreement look like?

A party wall agreement should include details on how the building works will be carried out, including acceptable working hours, how the party wall will be accessed and any other necessary agreements relating to the work.

Can I write my own party wall agreement?

Act 1996 has been engaged, the provisions do not allow for a Party to adjudicate and/or write their own 'Party Wall Agreement'. For the provisions of the Act to be engaged a valid 'Party Wall Notice' must have been served by the building owner on an adjoining owner.

What happens if I don't get a party wall agreement?

You must appoint a surveyor if you and your neighbour cannot agree. You can appoint a surveyor together or each appoint your own. The surveyors will then agree on a 'party wall award'.

Do you need permission to remove chimney breast?

You'll need Building Regulation approval to remove a chimney breast. Once you have a final plan from your structural designer, you can use this to submit an application to your local Building Control. Usually, this won't cause any problems, especially if you've got the help of an experienced structural engineer.

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