Installing log burner and the Party Wall Act

Hi,

We are in the final stages of purchasing a semi-detached house. We are looking at getting a log burner installed soon after moving in. The chimney we are going to install it in rests against the shared wall and there is a shared chimney stack. Assuming it just needs the flue installing and fireplace opened up a bit more (it currently has a very small opening), do we need to go down the route of sending our neighbour a party wall notice?

Many thanks

Comments

  • 5t3ve
    5t3ve Posts: 51 Forumite
    I'm no expert, but I'd be amazed if you needed to serve a notice. This wouldn't be a structural alteration.
  • rwcwilson
    rwcwilson Posts: 45 Forumite
    Cool, we didn't think it would but it is all new to us and when I was doing some research online one installer mentioned it on his website, which threw me. Perhaps, they stated that in case the installation needed significant work...
  • Lacuna
    Lacuna Posts: 8 Forumite
    The Party Wall etc. Act would only apply if you were either cutting in to a party wall s2(2)(f) or cutting a chimney breast away from the party wall s2(2)(g). The latter does not apply in your case. There is no consensus between party wall surveyors as to whether a chimney breast should be considered as 'party' given it's physical attachment to the wall. One view is that s2(2)(g) identifies it as a separate entity to the party wall, given it can be cut away from it, so s2(2)(f) does not apply. Other surveyors will disagree.

    There is however another aspect which is that there are works which are considered 'de minimis non curat lex' which means 'the law does not concern itself with trifles'. If you look at Section 6 of the Government's explanatory booklet (available online) you will see it lists things which it says are normally too minor to warrant serving notice such as hacking off plaster/replastering, drilling a wall for plus and screws or chasing out for electric wiring and socket - those are considered 'de minimis'.

    Although the Government are careful to point out that what they say is not the law but advisory, they do state in respect of 'de minimis' works that "the key point is whether your planned work might have any possible consequences for the structural strength and support functions of the party wall as a whole, or cause damage to the Adjoining Owner's side of the wall". It could be argued that opening up the fireplace "a bit more", if done with care, wouldn't be expected to have any adverse affect on the party. wall.
  • FreeBear
    FreeBear Posts: 14,585 Forumite
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    My next door neighbour installed a (I assume) wood stove and never consulted me or even mentioned "party wall". I reciprocated a few years later and just went ahead knocking the fireplace around - No drilling or fixings inserted in to the brickwork at the rear of the fireplace.

    To preserve neighbourly relations, it would pay to advise next door that you intend to make some noise during installation, but it will be kept to a minimum. When the installer conducts a smoke test prior to fitting the stove, he may want to take a look next door to check that there are no leaks in to their rooms and loft space. IF there are any faults in the flue that allows smoke to penetrate next door, any remedial work might require a party wall agreement. It is unlikely, but should be considered if any faults are identified during the initial survey & smoke test.
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  • rwcwilson
    rwcwilson Posts: 45 Forumite
    Thanks for the great advice!
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