Party Wall – Shared Chimneys

Shared Chimney Stacks & Removing Chimney Breasts

In case you want to remove or mend a communal chimney or a shared chimney breast, you need to take some important considerations into account. This includes legal constraints and the kind of relationship you have with the neighbours who share the chimney. What follows is a look at the kind of “stack” shared by two households and the kind of “breast” shared by two rooms as we consider the basics of the chimney.

What are Chimney Stacks?

Chimney stacks are vertical structures that are usually made of brick or similar masonry. They serve the function of carrying the toxic gases produced by combustion safely out of a building. If no such structure exists, then the gases will accumulate inside the building, slowly leading to a toxic environment. 

Rights and Responsibilities of Neighbours

When two properties share a chimney stack, the two owners are equally responsible for its upkeep.

The United Kingdom’s Party Wall Act of 1996 exists to protect the types of shared structural features—like chimney stacks—that are common in older homes. The law obligates homeowners to notify the neighbours whose shared features will be affected by any planned renovation. If the neighbour is not informed, the neighbour can sue, and the homeowner can be fined.

Removing or Repairing a Shared Chimney Stack in Party Wall

You can perform work only on your side of the chimney stack, unless the owner of the adjoining property allows you to work on all sides of the stack. This is why you must follow the party wall procedure.

Inform Your Neighbour

The Party Wall Act requires that when you want to do any work on a chimney stack that you share with your neighbour, you must give your neighbour written notice of your intent. After receiving your notice, your neighbour will have the opportunity to express any concerns they may have about your plans or to suggest modifications.

Instruct a Surveyor and Builder

Our panel of surveyors in Manchester ensures that both the removal and the repair of a shared chimney stack are performed correctly. We check the stack’s stability before any work is done to diagnose the problem and determine the best course of action.

Structural Integrity

The problem with taking down a communal chimney is maintaining the structure. You must consult a party wall surveyor to guide you with the best possible solution. In some instances, we put in steel to support what’s left of the chimney and the walls that are adjoining to it.

Debris and Damp

In the case of a shared chimney stack being removed, common problems are dampness occurring and debris falling into next door. In general, these problems can be easily fixed by treating the damp areas and sealing any newly exposed masonry.

One means of eliminating these difficulties will be to build some sort of barrier to keep any falling debris from landing in the adjacent roof void.

Loft Conversions and their Impact on the Roof

When contemplating a loft conversion or alterations to your roof, consider the effect on your common chimney stack. You might need to bolster the stack, alter the roof’s structure, or, for instance, install a dormer so that the necessary changes can be made while still ensuring that the chimney functions properly.

Party Wall Award

In case you wish to remove the chimney stack or increase the height of the stack your neighbours share with you, then a party wall agreement is required. This document primarily serves two purposes. One, it gives you the opportunity to explain your plans to your neighbours in some detail. Two, it allows both parties to outline their respective rights and makes it clear what happens if damage occurs to the property of the other party as a result of the work being done. 

Taking down or mending your common chimney stack is no easy task. There are many legal, relational, and even structural considerations that make professional help a necessity if you want to get through the project without issues. Furthermore, as a result of modern alternatives like stainless steel flue systems you can still enjoy an open fire and the warm ambiance it creates, even if you choose to forego a traditional chimney. 

Questions

Do I need a party wall agreement to remove a shared chimney stack?

Yes, it is necessary to have either an agreement or consent before you can go ahead with the work. If the stack being removed is shared with a neighbour, you have to have a party wall agreement.

Am I able to take down the side of a party chimney that I share with my neighbour without their permission?

No. A chimney is a critical part of a house's structure, and you're not allowed to work on one that you share with someone else without giving that person prior notice. You do have to get either permission from your neighbour or a party wall award (which is a way of resolving a party wall dispute) before you can legally do any work on the chimney.

What risks are involved in removing a shared chimney stack?

It's possible to compromise the building's structural integrity, which could result in a stack collapse and/or penetrating damp. There are also concerns regarding fallout: the debris could land in the neighbour's fireplace and if the legal requirements of the Party Wall Act are not followed, there could be legal problems.

If a chimney stack has been taken away, what else can I put in its place?

A flue system of stainless steel is an alternative. It allows fireplace venting without a chimney stack.

How often should the chimney stack be surveyed?

Once a year is a good rule of thumb. Have it inspected and/or cleaned by a certified chimney sweep. If you opt not to follow this recommendation, be prepared to take the risk that you (or someone else) might end up with a fire- or fume-filled house or an unsafe chimney structure.

Contact Us About Your Party Wall Shared Chimney Stack

Deciding whether to remove or repair a shared chimney stack is a critical matter with numerous complex facets to consider. You will need to ascertain the physical condition of the chimney and whether its condition merits removal or repair. Following that, you’ll want to consider how to interpret the relevant sections of the Act that governs your work. Finally, you’ll want to involve your Manchester party wall surveyor in this process to ensure a smooth navigation of the necessary legal waters.

Surveys of Commercial Property

If you’re thinking of acquiring, leasing, subletting, disposing of, or altering commercial premises in Manchester, you would be well advised to locate a surveyor skilled in the nuances of commercial building surveying – should you spot a defect in a commercial building you can use that information to negotiate an asking price for the property that’s considerably lower than what the seller originally wanted, or you can talk your way out of a bad deal altogether. 

Our Manchester-based team of RICS-compliant commercial building surveyors is equipped to handle matters throughout Manchester.

Contact

Our team prioritizes client care above all else. We look forward to being in touch with you so you can instruct a surveyor in Manchester, London, Bristol, Birmingham or Cardiff. You can reach out to us easily. Just fill out our form, and we’ll get back to you with a free quote for your survey. All our surveyors are qualified as members of the Royal Institution of Chartered Surveyors (RICS) and we are one of the UK’s leading providers of building survey and valuation services:

The property survey you commission will be carried out by an accredited professional. Your chartered surveyor will be a member of the Royal Institution of Chartered Surveyors (RICS) or the Chartered Institute of Building (CIOB), or will belong to some other industry-standard professional body. Rest assured; you will receive highest quality of professional service for your survey.

Scroll to Top