Please help - adjoining neighbour has taken chimney stack down without informing me

chocolateflake

Thanks for your replies so far, very much appreciated.

I have just been out and spoken to the owner next door as he has just arrived to oversee anything his builders are doing.

I have pointed out the Party Wall Act to which he replies, I didn't know this was a party wall.
Now, the thing i need to know, the fact my stove was installed over 8 years ago, long before i moved in, is it compulsory for me to have a flue fitted at all. I do fully appreciate all the health and safety issues with not having one but I was in fact going to fit one when I get my pension payout. I'm not in a position financially to do this right now and putting it on my credit card is only adding to the cost because of interest.

I am waiting for the building control guy to phone me back and hopefully he will be able to advise me, but just wondered if any of you knew about this before he phones. From the research I have done, it appears it isnt, just advisable to do so.

Annie1960

chocolateflake wrote: »

My finger is a millimetre away from dialling my legal eagles

What is stopping you from doing this? Do this now!

Forgot to add that the owner is saying he knows nothing about the legal side of property, as he is only an accountant! hmmm, seems he only knows what he wants to at the time of speaking to him

But it is his responsibility to make sure he know what he is doing if he is knocking your chimney down. Sounds like he may be backing down.

Fluff15

I think (although somebody will correct me if I'm wrong) that under Building Regs part J, any work done to a chimney or new chimneys should be constructed with flue liners and appliances, other than flueless, should be connected to suitable flues. Infact, if your stove is using the chimney to draw I'm surprised it doesn't have one already.

See: http://www.hetas.co.uk/wp-content/mediauploads/BFCMA-General-Guidance-10-12-12.pdf

And building regs (section 1.24 onwards): http://www.planningportal.gov.uk/uploads/br/BR_PDF_ADJ_2010.pdf

chocolateflake

Ok, have spoken to building control officer who has confirmed (as we thought) the owner has breached the Party Wall Act. He explained that it wasn't compulsory to have a flue liner fitted considering the stove has been in situ for around 8yrs. That I need to tell the owner to put my chimney back as it was, ie the stack and make it usuable should i wish to use it. His expense, not mine.

BUT it still doesnt change the fact i had no notification of what was happening. ? The bottom line is, owner has to put it back to previous usable condition within 14days, or we go down the Party Wall breach.

I phoned the builder who was fitting the flue and have cancelled the purchase of flue liner as this was escalating and final figure was £1400 with fitting (without re-build). Was told snottily and slightly threatening manner that he did not want to be in the papers for the death of owners tennants if I used the fire. No concern about my health condition so absolutely zero respect for me continues.

Of course, i will not use this fire 100% until i have a flue liner fitted which will hopefully be in a few months.

Horrid experience but rewarding to see 4 bully builders completely back down and going out of their way to be nice!!

RAS

Roughly translated as they now realise that the "little woman" is not a push-over and that she cannot be taken fleeced or bullied?

Annie1960

Interesting how bullies seem to back down when they are challenged.

moneyistooshorttomention

chocolateflake wrote: »

Was told snottily and slightly threatening manner that he did not want to be in the papers for the death of owners tennants if I used the fire.

So he does know about this aspect of things then:cool: and I'm guessing that is the single thing concerning him most.

Personally, I'd be tempted to write him a letter stating that, "Re our conversation today, I am pleased to note that you are aware of......(the dangers) to me" in order to still provide myself with proof of the date he definitely knew of risk to me. He would know that was what I was doing...and it would help to ensure he stuck to dealing with things appropriately.

Words are just words and can be denied later, but a letter from you to him quoting his words back at him might be a bit "safer bet" for making sure this is dealt with okay;)

Winter_Phoenix

chocolateflake wrote: »

Forgot to add that the owner is saying he knows nothing about the legal side of property, as he is only an accountant!

It's no defence in law for someone to say that he "knows nothing about the legal side of things," so he's wasting his time claiming that as an excuse if it comes to a court case.

As others have said, put everything in writing - and post your letters to him by recorded delivery or similar (or at least get an independent third party to deliver them to him, making sure the third party knows what the letters say) so that it's not just your word against his and his builders'.

If things aren't sorted out to your satisfaction very quickly, go for the legal eagle option.

Re: your chimney flue, it's worth getting an opinion (on whether a liner or similar is needed) from a qualified chimney sweep, i.e. one registered with NACS (www.nacs.org.uk). If he's sweeping your chimney at the time, he may well give you his advice on liners etc. free of charge.

martindow

Winter_Phoenix wrote: »

As others have said, put everything in writing - and post your letters to him by recorded delivery or similar (or at least get an independent third party to deliver them to him, making sure the third party knows what the letters say) so that it's not just your word against his and his builders'..

Simpler to post letters at a PO and ask for a free certificate of posting. Recorded/ signed for is very unreliable often being delivered without a signature and/or not updating to show delivery on the web site. It also runs the risk of the recipient refusing to accept a letter.
Normal first class is deemed to have been delivered a couple of working days after posting. If you want to be absolutely certain some people recommend sending two copies of the same letter first class getting CoPs from two different POs. Two letters sent like this are cheaper than one signed for.

LondonGal

Excellent advice above, MSE at its very best! :T One thing I'm wondering is if the stove was in a condition whereby you could have used it legally and safely given its installation date of 8 years ago, when the stack is put back, surely it must be put back to conform with building regulations as they are now? Should not the person responsible for taking down the stack and removing your ability to use your stove rectify this which may well involve them fitting a flu at their expense to comply with current building regulations.

It is for this type of reason I think it essential you seek some good legal advice.