Neighbor wants to remove shared Chimney stack

Eastender

Hello folks,

My neighbor wants to remove our shared chimney stack and has served us a party wall agreement. We live in 1930s terraced house.

She appointed a charted surveyor for the party wall. They're building a loft conversion and by removing the stack, the loft conversion will be slightly larger than normal.

My question is do I insist on a another surveyor who will act for both parties? No doubt it will cost her a bit more. She wasn't happy when I told her that it had to be a charted surveyor for the party wall agreement.

What damages can be done that can't be seen on my property where the surveyor will inspect and take photographs but my concern is if the builder takes too much space cutting into my half of the property.

Davesnave

Are you OK with losing the stack itself? This will remove various options from your house, like the abilty to have a multi-fuel stove; now a very trendy item in some quarters.

moneyistooshorttomention

My mind is boggling at how she thinks she has the right to remove the half of the chimney stack that belongs to you.

I wouldnt actually have thought she has that legal right - and therefore can only do this if you agree to it. Otherwise she would only legally be allowed to remove her half and that would be followed by even that right being negated by the fact you've probably got a legal "right of support" for your half of the stack.

I honestly don't see how she can touch it by law - unless you agree. I would suspect she has lied to her chartered surveyor and told him/her that you do agree.

Furts

Be careful, and savvy here. Removing the stack is structural work, so is subject to the Buildings Regulations. The Application will be made by your neighbour, because it is her work. You are not given access to this info, because it is a matter between her, her Structural Engineer and the Buildings Regulations folks. You want the work to be safe, and satisfactory, from your perspective, and not when viewed from hers.

Your neighbour is incurring costs and work by going down this route, but you need to protect your interests.

missile

It's never too early to consult a solicitor :-)

Spending a few £ now may save you a lot of worry and heartache later?

Eastender

I agreed after a lot of persuasion to have the whole chimney stack removed, which includes my part. Not sure if it needs building regulation.

The question is how do I ensure the work is done properly.

She has appointed a builder and their designer and now after my insistence a charted surveyor, who is not linked to the builder, to draw up a party wall agreement.

moneyistooshorttomention

So - if she's persuaded you into something like this:cool: - then what are you going to get in return for it?

What benefit is there to you from doing this?

Davesnave

Eastender wrote: »

Not sure if it needs building regulation.

The question is how do I ensure the work is done properly.

Furts, who knows, has told you this will have to involve building regulations and will need signing-off, so the work should be compliant.

There will be no great benefit to you, however, as your stack below roof level will still be there, taking up space. The only perk you will have is no external stack to maintain and the ability to remove the internal stacks later, if you wish, without supporting anything above them.

Furts

Eastender wrote: »

I agreed after a lot of persuasion to have the whole chimney stack removed, which includes my part. Not sure if it needs building regulation.

The question is how do I ensure the work is done properly.

She has appointed a builder and their designer and now after my insistence a charted surveyor, who is not linked to the builder, to draw up a party wall agreement.

None of us have seen your wall, but it seems you are having the stack taken below your roof tiles and then capped over? Is this what you want? What ventilation are you allowing? How do you cope if you ever want to use the chimney? Repair and maintenance is exempt from Regulations, and if there is nothing to be supported you might argue no Regulations apply. But your remaining piece of stack has to remain structurally sound, and properly made good if it has been loosened. The wise move is to ask your local authority how they view this.

Somehow the loft conversion forms a joint with your roof. It is vital you know what is happening here, together with making good over the previous chimney location.

Doozergirl

Eastender wrote: »

I agreed after a lot of persuasion to have the whole chimney stack removed, which includes my part. Not sure if it needs building regulation.

The question is how do I ensure the work is done properly.

She has appointed a builder and their designer and now after my insistence a charted surveyor, who is not linked to the builder, to draw up a party wall agreement.

Ensuring the work is done properly is the job of your party wall surveyor. You need to read up a bit more.

You can share the one she has hired, you can also have your own PWS.

Their job is to draw up a schedule of condition of your property and to produce method statements and drawings - architect and structural engineer - to agree the route taken to achieve the end result and how it is finished.

That is your party wall agreement! If their is one PWS working for both of you then you have access to them and to ask questions etc. Have a meeting with them. It will cost the neighbour less than hiring your own one and probably maintain relations a little better.

The end result needs to be what is agreed. The PWA via the PWS ensures you get that.

Doozergirl

Ging back to basics. The neighbour has served you a party wall *notice*, not a party wall agreement.

The agreement is drawn up if you dissent to the notice. So, you dissent to it and get all of the important info that i've described as part of your agreement.