Question re removing chimney breast

MasterMark

Hello all, any advice/comments would be very welcome!

I've just moved into a new flat, a victorian conversion. I have the ground floor, there is one floor below, and two above. The kitchen is currently quite small, and I'd like to extend it into the adjacent room - but around 2.2m of the (roughly 4m) wall to be taken down is, by the looks of the outside, the chimney breast.

I know the flat below did some structural work a few years ago, but they are currently away, and I don't know whether they removed their chimney breast as part of the works.

But am I right in saying that if they did, it will be fairly simple for me to do the same on my floor, with RSJ support?

And similarly if they didn't remove it, and they want to retain the choice of using the fireplace/chimney breast, that there is absolutely nothing I can do about that 2.2m wall in my own flat?

Thanks!

structuralengineer

Hi. This kind of issue is best handled by a part wall surveyor. Your legal standpoint is difficult because any decision you take effects both the owner below and above you. In terms of structural safety, you may be able to remove the wall and support the chimney and wall above on a steel Universal Beam (the modern name for RSJ which have been phased out) while re-routing a flexible chimney flue and still allowing the occupant below to use the chimney above.

Ectophile

Assuming the flat's leasehold, check the terms of your lease. You will almost certainly require the permission of the freeholder before carrying out any structural work.

MisterBaxter

I would imagine that you technically don't own the chimney breast as this is part of the structure of the building which in most flats would be in the ownership of the Freeholder. Check the lease but a lot that I have seen state that the leaseholder has the plaster on the walls and ceiling but not the structural wall or joists they have the floorbards but not the joists.

Even if the lease does indicate that you may be able to remove then it will almost certainly require the Freeholder to consent which they are unlikely to do as removing a chimney breast in a multi-storey building impacts on other leaseholders and their lease. A Freeholder can't simply amend the lease without a Deed of Variation which would need the consent of the other Leaseholders or a Court decision (old LVT).

MasterMark

Hi all,

thanks for the answers, much appreciated.

I should have clarified - there are 4 flats in the building and we all have a share of the freehold. My question wasn't so much in terms of the legal requirements/possibility of not receiving permission from the other freeholders - I'm up to speed with all this. It was more about the technical feasibility of removing the chimney breast, particularly if the owner below is still using her fireplace/wants to retain the option of using it in future.

"structuralengineer' - your comments were interesting re potentially re-routing a flexible flue. I wasn't aware that was even a possibility....?

Thanks once again to all, any additional thoughts always welcome!