If you’re thinking of taking down or repairing a shared chimney stack or chimney breast, there are several factors to consider, including legal issues, as well as your relationship with your neighbour and the impact on the structure of your home. In this article, we will take a closer look at shared chimney stacks, the Party Wall Act, and what you need to do if you want to take down or repair your chimney.
A chimney stack is a vertical structure usually made of brick or other masonry with the important function of carrying the toxic gases produced by any type of combustion safely out of a building. They also maintain air pressure within the home and protect the house from external elements.
If a chimney stack is shared between two properties then both owners are responsible for its maintenance.
The Party Wall Act 1996 was made to protect shared structures in the United Kingdom such as chimney stacks. Homeowners must inform their neighbours before works are carried out on a shared structure. Failure to do so can result in legal action and fines.
You can only do work on your side of the chimney stack unless the adjoining owner consents to you doing the whole stack on all sides. This is why the party wall process must be followed.
According to the Party Wall Act you must provide written notice to your neighbour when you want to carry out any work to a shared chimney stack. Your neighbour will then have the opportunity to raise any concerns or request changes to what you propose to do.
Whether a shared chimney stack needs to be removed or repaired, our panel of London party wall surveyors make sure this is carried out correctly by reviewing the stability of the stack, pinpointing any issues and making sure the work is carried out safely.
A concern with removing a shared chimney stack is retaining the structure. You should always consult a party wall surveyor accordingly as some cases require a steel to support the remaining structure.
In the case of a shared chimney stack being removed, common problems are dampness occurring and debris falling into next door. In most cases these problems are easily remedied by simply treating the areas affected for dampness and sealing any newly exposed masonry. One way of eliminating these problems will be by constructing a barrier of some description that stops any falling debris landing in the next door roof void.
Consider the impact on your shared chimney stack when planning a loft conversion or making changes to your roof. You may need to reinforce the stack, modify the roof structure or, for example, install a dormer in order to accommodate the proposed changes.
If you want to take down the chimney stack or build up the stack that is shared with your neighbours then you will to get a party wall agreement with them. This is a document which allows you to explain what you’re planning to do, what the rights of both parties are and what compensation your neighbours should get if they suffer damage. An award is only needed if you do not receive consent from the notices served.
Removing or repairing your shared chimney stack is challenging. From legal requirements to neighbour relations, and even potential structural shortcomings, it is always recommended that you work with professionals. Following these precautions ensures that you complete your project successfully. Additionally, because of modern alternatives such as stainless steel flue systems, removing your chimney stack does not mean you have to miss out on an open fire and the cosy atmosphere it brings.
Is a party wall agreement required to remove a shared chimney stack?
Yes, unless written consent is received. A party wall agreement is otherwise required before undertaking any structural work on a chimney stack shared between neighbours.
Can I remove my side of the shared chimney stack without permission from the neighbour?
No, because you are still carrying out works on a shared structure and so notice needs to be served. Consent or a party wall award would need to be received prior to carrying out any work.
What risks are associated with removing a shared chimney stack?
Possible risks include damaging the structure and collapsing the stack, causing penetrating damp, debris landing into the neighbour’s fireplace and legal repercussion if the Party Wall Act is not followed.
After a chimney stack has been removed, what can I install?
A stainless steel flue system is a popular choice, as it provides a practical means to venting the fireplaces without a chimney stack being required.
How often should the chimney stack be checked?
Experts suggest that you need to have your chimney inspected and/or cleaned at least once a year by a certified chimney sweep to help ensure everything is in good working order and in time to identify and correct any possible issues (be they structural, maintenance or environmental).
Making the correct decision on whether to remove or repair a shared chimney stack is extremely important and there are a number of points that your need to consider and be aware of. The crucial issue that you will need to investigate is the physical condition of the chimney and how to navigate the Act with your London party wall surveyor.
