If you’re thinking about taking down a chimney breast in your property, one question that might be on your mind is, do I need a party wall agreement? In short, the answer is yes. Party Wall Agreements are needed when you are undertaking some types of building work that might influence an existing shared wall, such as a party wall.
In this article, we’ll explore party wall agreements further and why they are needed for removal of a chimney breast. We’ll also talk about what you need to do to get a party wall agreement and the penalties if you don’t.
You need a Faulkners Surveyor Contact Crowborough agreement if you want to do some building work that could have an impact on a shared wall, like a party wall. This is because the work that you are contemplating may cause damage to the wall (which would be equally damaging to you as well as to your neighbor).
When it concerns the removal of a chimney breast, there can be structural changes involved, like a load bearing wall coming down. This can cause the integrity of the structure to be jeopardized and additional reinforcement to need to be added to what is left.
If there is a party wall between the two chimney breasts (one for you, one for your neighbour) then a Party Wall Agreement agreement will need to be signed before any work can commence.
How to get a party wall agreement for chimney removal There is a process that you need to go through when applying for a party wall agreement in the case of chimney breast removal. The process begins by serving a party wall notice to your nextdoor neighbour in which you inform them that you intend to undertake works removing a chimney breast and requesting their consent to facilitate this work.
Your neighbor has 14 days to respond, after receiving the notice. If they give the thumbs up to the work, then you remove them. If they can’t approve or won’t reply within the time limits, a party wall surveyor will have to be appointed and draft what is known as a party wall award detailing rights and responsibilities of all concerned.
The consequences of not getting a party wall agreement before taking out a chimney breast can be devastating. If you do the work without a party wall agreement and damage your shared wall, they can make you pay for it.
Your neighbor could also sue, and you could face an injunction to cease work or a claim for damages.
Chimney breast removal can be a tricky affair and, you need to know the legalities. If you’ve decided to take down a chimney breast which is between yours and your neighbor’s home, then you’ll need a party wall agreement in place to be sure that the work can be conducted safely and without causing damage to the shared wall.
Acting in concordance with the steps listed out on this page ensures that you get a party wall agreement for chimney removal and so bypass any legal and financial repercussions of not doing so.
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