chimney stack and neighbour

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this all started last year, its been on my mind since. now the time has come to replace my roof.

My neighbour didnt even tell me that she was getting her front chimney breast taken out up to the loft, 1st i heard of it when it was already done, i was already thinking of taking mine out. I thought this would out of common courtesy to let me know beforehand.

Last year i approached the neighbours builder and said that the only way i can remove my chimney breast is to remove the whole chimney stack,as these 1930's houses have 2 seperate stacks one in front and back half way up the pitch of the roof

she keeps herself to herself and never makes any attempt to talk to anyone, up until this year the day before the builder started work she told me she is having a loft conversion, i told her i wasnt happy with the way she didnt tell me she had her chimney breast taken out without advising me first.



I told her i am in the proccess getting quotes of having my roof done, and told her i would expect her to pay for half the cost of the removal and repair her side of the roof once the stack is removed.

i think this is fair what do you think?
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  • bryanb
    bryanb Posts: 4,995 Forumite
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    It sounds as though her work has not interfered with your house or cost you anything, yet it seems you expect her to accept your work will interfere with her roof and even cost her money. Why do you think you can remove her side of the stack?
    This is an open forum, anyone can post and I just did !
  • Rikki
    Rikki Posts: 21,625 Forumite
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    bryanb wrote: »
    It sounds as though her work has not interfered with your house or cost you anything, yet it seems you expect her to accept your work will interfere with her roof and even cost her money. Why do you think you can remove her side of the stack?

    The chimney stack will be unsupported and will need to be removed.
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  • pana37
    pana37 Posts: 260 Forumite
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    dont you think its courtesy to let me know when she has work done to her house adjoining my house, she or her builder didnt even check my house to see if i had a chimney there or not, i could have mine already removed thus all the wieght of the stack will be on both the gallow brackets? and her builder stated that this is not safe
  • bryanb
    bryanb Posts: 4,995 Forumite
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    Rikki wrote: »
    The chimney stack will be unsupported and will need to be removed.

    I agree, but that doesn't give a right to do work which will affect a neighbour.
    This is an open forum, anyone can post and I just did !
  • bryanb
    bryanb Posts: 4,995 Forumite
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    pana37 wrote: »
    dont you think its courtesy to let me know when she has work done to her house adjoining my house, she or her builder didnt even check my house to see if i had a chimney there or not, i could have mine already removed thus all the wieght of the stack will be on both the gallow brackets? and her builder stated that this is not safe

    Courtesy yes, but her side must be adequately supported at the moment. If you upset the present arrangements it's up to you to agree with the neighbour. You can't demand she pays for work you require. You also cannot do work affecting her roof without her permission.
    This is an open forum, anyone can post and I just did !
  • pana37
    pana37 Posts: 260 Forumite
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    bryanb wrote: »
    I agree, but that doesn't give a right to do work which will affect a neighbour.

    she has affected me TBH as now i cant remove my chimney breast as she got this done and didnt even bother telling me.

    now i have to foot the bill of removing the whole stack and replace tiles where the stack was, dont think thats right
  • dander
    dander Posts: 1,781 Forumite
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    Do party wall agreements not apply in cases such as this. I would have thought that legally you had to notify a neighbour if you were doing anything that affects the party wall. Surely removal of a chimney stack affects a party wall?
  • bryanb
    bryanb Posts: 4,995 Forumite
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    pana37 wrote: »
    she has affected me TBH as now i cant remove my chimney breast as she got this done and didnt even bother telling me.

    now i have to foot the bill of removing the whole stack and replace tiles where the stack was, dont think thats right

    Yes, and you must not do it without her permission.
    You don't actually "have to remove it" You want to remove it. Sorry but life just ain't fair sometimes.
    This is an open forum, anyone can post and I just did !
  • dander
    dander Posts: 1,781 Forumite
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    According to this page she should have obtained party wall approval from you before moving it.
    http://www.thurrock.gov.uk/buildingcontrol/content.php?page=chimneystack

    Mind you, I don't know what you can do about that. Maybe you need to talk to building control at your local council because if she hasn't gone through the proper procedures it's possible she hasn't got building regs either.
  • dander
    dander Posts: 1,781 Forumite
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    I think a loft conversion would also require a party wall agreement. If I were you I would look into serving her with a notice to stop all work until she complies with the correct procedure.
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