Neighbour's Chimney Breast removal

Unky_Al

teneighty wrote: »

I don't think you can claim for the central heating and the remedial work to the flues. As I see it the offer of central heating was compensation for the loss of the flues.

You can try to reinstate the flues at your own cost later but I suspect that will be extremely difficult if they have been partially bricked up from next door, especially without causing damage to next doors nice new walls.

This is where it gets confusing, the insurance has admitted liability for the damage to our fire/hearth/fire surround but they say the builder isn't covered for the remedial work to the flue which would be the responsibility of the neighbours. They have floated the idea of CH due to the gas fitters quote of installing the new flue liner, fire new surround etc on the basis that there wasn't a blockage.

This is why I asked if they do pay for CH am I able to still chase the neighbours to put right the damage due to it being a civil matter??

Cheers for all the advice and help as it's always good to get another perspective on things.

konark

I'm not a builder but my understanding is that chimneys do not share flues, and certainly not with an adjacent property. Each chimney has its own flue right up to the chimney pot. Nothing that your neighbour has sought to do should have resulted in him breaking into your flue or it now being narrowed in any way.

Tom99

konark wrote: »

I'm not a builder but my understanding is that chimneys do not share flues, and certainly not with an adjacent property. Each chimney has its own flue right up to the chimney pot. Nothing that your neighbour has sought to do should have resulted in him breaking into your flue or it now being narrowed in any way.

Agree with that, back to back chimneys still have a party wall (even if only 1 brick thick) down the middle with your flues on your side of the party wall and vice versa. Somehow the builder has broken through the party wall which would have been at the back of the flue he should have been bricking up.

What has happened above roof level, is there still a square 4 pot chimney or whatever was there before?

GDB2222

This is relatively simple to resolve. You need two experts: a solicitor to wave a big legal stick and get things moving, and you need a chartered surveyor to assess the damage and specify remedial action. You should definitely stop trying to handle this yourself.

You should be aware that, in general, for small claims (under £10k) you don't get your legal expenses reimbursed. However, the party wall act may specify something different in this case. To be frank, you don't have any choice but to employ a solicitor, as the insurers are running rings round you. Once you have a solicitor on the job, that should all stop.

By the way, don't shiver. Buy electric heaters and charge your neighbour's insurers for them, plus the increased electricity bills.

beaker141

Tom99 wrote: »

Agree with that, back to back chimneys still have a party wall (even if only 1 brick thick) down the middle with your flues on your side of the party wall and vice versa. Somehow the builder has broken through the party wall which would have been at the back of the flue he should have been bricking up.

What has happened above roof level, is there still a square 4 pot chimney or whatever was there before?

I lived in a 1980's chalet dormer style build, the chimney in there was in a sort of tandem arrangement, so in the bedroom above it only protruded in about a brick width, same next door, but then half of my chimney was across their boundary line and vice versa.

Hence if I'd have wanted to remove the chimney breast completely from my side, I'd have removed half of their chimney too ?

OP - is yours like this at all ?