party wall work

downshifter98

Hi - I hope this is the right forum.

My elderly Dad lives in a terraced house and the landlord who owns next door has announced that he intends to knock down his chimney breasts which are on Dad's side and also to completely remove the shared chimney stack; Dad is understandably (I think) unhappy with this and has advised the owner/builders that they need a party wall agreement in place for the chimney breast removal and should not touch the chimney stack (he has a gas fire and 'back' boiler) - all of the houses in his street have a chimney stack and we are worried that removal will devalue the property and look odd. The house is actually owned by Dad, me and my brother so I'm going to speak to the owner tomorrow and basically re-iterate what Dad has already told them. Any advice would be welcome, especially if they try to ignore these requests or if you think we are being unreasonable?

Many thanks.

downshifter98

Any tips from anyone or perhaps this is in the wrong forum?

Regards.

Johnandabby

As a starting point do a google search for party wall surveyor - give a local one a call, most are happy to have a free 5 minute chat to explain the process.


Ultimately the next door owner has to serve a party wall notice on your dad, which includes details of all works proposed. You then have the right to appoint your own party wall surveyor (which the next door owner has to pay for) to review the proposals - this is so that your dad's rights are protected, and that any issues/damage is paid for by the next door owner.


The next door owner cannot just do it without consent

macman

No, you are not being at all unreasonable. Does the gas fire and back boiler vent through the stack?!
A PWA is required even if he's just removing the chimney breasts on his side and retaining the stack at loft level. To remove the whole stack requires the consent of the co-owner.
Neighbour appears to be an idiot. so I'd doubt if he's even going to inform Building Control, which is a must for such work.

downshifter98

Thanks macman.

Its such a !!!!!! as Dad only lost Mum a couple of months ago and this aggro is the last thing any of us need.

The gas fire and back boiler do vent through the stack and we are just gobsmacked that the 'owner' of next door (who previous to this has let the house go to ruin) assumed he could remove the whole thing - I tried to speak to them today at an agreed time but he didn't turn up (unlike the scaffolder...). In the meantime I'm speaking to Dad's solicitor tomorrow just in case they continue to ignore us. I've been through something similar with my own neighbour (hint: we live in the screaming metropolis of London) and learnt a fair bit about the 'party wall agreement' but didn't have to involve solicitors that time, thank goodness. We are not unreasonable people generally but what is it with people nowadays...

teneighty

I really wouldn't bother going to a solicitor.


As you are in London you have a choice of hundreds of party wall surveyors. Try someone like Anstey Horne, they are widely regarded as one of the leading experts in the country (and probably very expensive which is of course a terrible shame for your considerate neighbour).

downshifter98

So, can I find a party wall surveyor and basically tell the neighbour that if he doesn't appoint his own I will appoint one for him and he will be charged?
Also I'm just wondering if he tries to remove Dad's half of the stack is that trespass?

Thanks for help so far.

teneighty

It doesn't work like that. You should probably read the government guide on The Party Wall Act.


The process has to be started by the neighbour serving notice. However, if you speak to a reputable party wall surveyor they can offer advice.


What normally happens is that your surveyor writes a strongly worded letter to the neighbour pointing out that if they do not serve the required notice and try to start any work then they will receive the full weight of legal process and considerable costs. That usually does the trick, neighbour serves notice and you can appoint your very expensive top London firm.

cyclonebri1

teneighty wrote: »

It doesn't work like that. You should probably read the government guide on The Party Wall Act.


The process has to be started by the neighbour serving notice. However, if you speak to a reputable party wall surveyor they can offer advice.


What normally happens is that your surveyor writes a strongly worded letter to the neighbour pointing out that if they do not serve the required notice and try to start any work then they will receive the full weight of legal process and considerable costs. That usually does the trick, neighbour serves notice and you can appoint your very expensive top London firm.

:T:T:T Absolutely, you or your father will have to pay for nothing, the total cost is his.
But the ambulance chases will be out as soon as this hits the council notifications and there will be a pack of jackals wanting to act on your behalf.

But lets get this straight, he want's to came into your (father) home and remove your chimney breast and stack?????:rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:

He needs a correctional chat ;)

downshifter98

Finally spoke to the owner; they aren't touching the chimney stack but do want to remove chimney breasts (on his side only). I've strongly told him that we require a party wall agreement and that I have my own surveyor should that be needed - he states that he will start this but we will see. I've also spoken to my local authority building control and they have no record of building work request so are paying the address a visit today or tomorrow. It also appears that they are merely replacing the old roof rather than fitting a roof extension (as we suspected). The builder appeared pretty genuine but, again, time will tell.

cyclonebri1

downshifter98 wrote: »

Finally spoke to the owner; they aren't touching the chimney stack but do want to remove chimney breasts (on his side only). I've strongly told him that we require a party wall agreement and that I have my own surveyor should that be needed - he states that he will start this but we will see. I've also spoken to my local authority building control and they have no record of building work request so are paying the address a visit today or tomorrow. It also appears that they are merely replacing the old roof rather than fitting a roof extension (as we suspected). The builder appeared pretty genuine but, again, time will tell.

There's a strong lesson to be learn't here, get the facts sorted before you get worked up and try to deal with a problem that isn't going to happen.

The latter party wall act info you received is sound, that should help you, but just to reiterate he pays for the lots, don't appoint anything until his paperwork is in order and ensure he understands the cost is his. It is nice to handle these without resorting to the PWA, some are simple and don't require any outside assistance but in your case I agree, let it go full process, yours wouldn't be the first to end up with a "service hatch" between the 2 properties, ;)