where do I stand on a shared chimney repair

mandy47

I need some advice please. I share 2 chimneys with my neighbour. They are both in need of repair. I approached my neighbour and we came to an agreement to share the cost equally, even though there is more work required his side. I have sort out a few builders, got quotes and checked out their credentials and reputation. All of them have said that it is just a job of pointing up but another winter may turn it into the bigger job of having one of them rebuilt. I can afford the repair but not the rebuild so obviously I would like it done ASAP. My neighbour is unhappy with the quotes, although they are very reasonable at £175 each, but unwilling to gather any himself. He's made a few comments that suggests he wants me to pay. I have found out that the previous owner of my home replaced the neighbours fencing, guttering and facias. He does little to no maintenance or gardening. He tried to get his house painted for free recently when I had mine re-painted. He said the house painters had damaged his property. They hadn't and they were very polite to him but refused his request. Where do I stand legally? Any suggestions are welcome. I need this work done, my children sleep in the room below the chimney and the thought of the chimney crashing through the roof is horrific.

SJshah

I would get the site surveyyed by a "professional" who can determine that the damaged part of his side of the chimney being unmaintained will result in the need for repair or replacement. All they would do is take a few dozen pictures and pull out a template document which they attach the pictures to.

If you don't want to pay a surveyyor, take a few dozen high quality pictures of the chimney from all angles and keep that as evidence.

Write a letter to your neighbour stating that "as per English law, the owner of a property is responsible for its upkeep" and there is "unreasonable lack of maintenance to his side of the party wall/chimney" which is causing damage to your side of the party wall.

Since your chimneys are along the party wall they are a "party structure" as defined under tha party wall act. Any repairs will come under the party wall act. You can then serve him notice under the act and youre neighbour should cover 50% of the cost.

brightontraveller

mandy47 wrote: »

I need some advice please. I share 2 chimneys with my neighbour. They are both in need of repair. I approached my neighbour and we came to an agreement to share the cost equally, even though there is more work required his side. I have sort out a few builders, got quotes and checked out their credentials and reputation. All of them have said that it is just a job of pointing up but another winter may turn it into the bigger job of having one of them rebuilt. I can afford the repair but not the rebuild so obviously I would like it done ASAP. My neighbour is unhappy with the quotes, although they are very reasonable at £175 each, but unwilling to gather any himself. He's made a few comments that suggests he wants me to pay. I have found out that the previous owner of my home replaced the neighbours fencing, guttering and facias. He does little to no maintenance or gardening. He tried to get his house painted for free recently when I had mine re-painted. He said the house painters had damaged his property. They hadn't and they were very polite to him but refused his request. Where do I stand legally? Any suggestions are welcome. I need this work done, my children sleep in the room below the chimney and the thought of the chimney crashing through the roof is horrific.

If your happy with builders diagnostics etc then pay the extra yourself ? The problem is you can get experts surveyors, solicitor involved courts would likely force neighbor to do worksbut all that’s going to cost way more than £175 to do…. Still put a bill for there share payable to you through neighbors door don’t expect them to pay it along with covering letter reference are conversation and agreement of works etc get independent witness as to posting or even recorded delivery etc remind them of it when ever you wish or use it if there are any other cost or disputes in the future Neighbor sounds like a a hole plenty about ,,,,