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If you are contemplating the dismantling or repair of a communal chimney stack or chimney breast, there are numerous elements to weigh—legal matters, the nature of your rapport with your neighbour, the potential repercussions for your home’s structure—all before diving into a significant construction project. On this page, we will discuss shared chimney stacks, the statutes of the Party Wall Act, and the dos and don’ts of making alterations to your chimney.
A chimney stack is a vertical structure, typically composed of brick or other masonry, whose primary function is to carry gases generated by combustion from a fireplace safely out of a building. Chimney stacks also serve to maintain a home’s air pressure and to protect the house from the elements.
Both homeowners are responsible for the upkeep of a chimney stack that serves both of their properties. The chimney stack is protected under the Party Wall Act, which honours shared structures such as walls and foundations. If a chimney stack needs work done on it, then the homeowner whose property it is adjacent to must be informed before the work is carried out. If one neighbour just goes ahead and does the work without telling the other, then fines can be incurred, and legal action can be taken.
Unless the adjoining owner agrees, one can only work on one’s own side of a chimney stack. This is why the party wall agreement process is so important. You follow it when you want to do work on something that partly belongs to another person.
The Party Wall Act stipulates that if you intend to undertake any work on a shared chimney stack, you must inform your neighbour in writing before you start the job. Your neighbour has a right to respond and can object if they have any concerns about your plans; they can also request that you modify them.
Our panel of party wall surveyors in Notting Hill ensures that any necessary removal or repair of a shared chimney stack is done properly. They assess the shared chimney’s structural stability, locate any problems, and ensure that the work is done safely. The goal is to protect our clients’ lives and property and this is extended to neighbours.
When a shared chimney needs to be removed, a major worry is maintaining the integrity of the structure. In such cases, it is wise to consult a party wall surveyor to ascertain whether the remaining parts of the structure need any support—say, a steel beam—to keep it from sagging or collapsing.
When a shared chimney stack is taken down, the potential for two common problems exists: dampness rearing its head in the neighbouring house and debris tumbling into the neighbour’s space. Fortunately, these are problems that can be easily addressed and fixed. The first is largely aesthetic and can be fixed by making the affected area look just as it did before the chimney came down. The second can be easily remedied by constructing a barrier of some type to stop any falling debris.
If you are thinking about a loft conversion or making alterations to your roof, give due regard to your shared chimney stack. You might have to shore up the stack, change the way your roof is put together, or, for instance, add a dormer to fit the configuration of the loft.
If you plan to remove the chimney stack or increase the shared chimney stack with your neighbour, you need a party wall agreement. This legal document lets you inform your neighbour about the work you plan to do, the Party Wall Act rights both of you have, and what kind of compensation your neighbour can expect to receive if the work you are doing causes any damage. You only need to bother with this award if your neighbour does not consent to the works.
Taking down or fixing your joint chimney is a sensitive project. You must take into account the concerns of your neighbours, so you must hire experts when dealing with a shared chimney stack. It’s the best way to ensure that you and your neighbours all remain calm without harmful smoke entering your lungs. Don’t worry: if your chimney’s history has come to an end, you can still have a fireplace by using an insulated stainless steel flue system.
To remove a shared chimney stack, you must have either a party wall agreement or the consent of your neighbour. A shared chimney stack is effectively a party wall under the Act, so any structural changes to it—like removal—require a party wall agreement.
No. You are still working on a shared structure and must give notice. You would have to get consent or a party wall award before you could start work.
A number of things, mainly to do with how shared buildings are put together and the way in which they depend on the shared services—like chimneys—that they provide. It is a matter of life, if not a matter of legal action, to avoid causing any penetrative damp, masonry collapse, or debris falling into a neighbour's fireplace. This is why you must give notice under the Party Wall Act.
One option is to use a flue system made of stainless steel. This product provides a viable means for venting fireplaces without requiring a chimney stack.
Specialists recommend seeing to it that a chimney inspection and, if necessary, a cleaning be performed at least annually by a certified chimney sweep. This helps ensure that everything regarding the chimney and its stack is in good working order and allows for the identification and correction of any potential problems (structural, environmental or maintenance) that may have arisen since the previous year's inspection.
The Full Building Survey involves a report that is written by our panel of surveyors, and it is their best work. Their equipment is state of the art may even use pole cams (camera poles) for the roofs. Because of this, your surveyor is able to see the accessible areas in an almost microscopic way to produce the most detailed report. This report might cover:
The factors that influence how long a building survey takes are the nature of the property, its size, and the difficulty of its problems. A site inspection usually requires 2-3 hours; this is, of course, a function of the property’s size. If the property is large or if you want specific trouble spots examined, allow for more inspection time.
The answer is: as soon as possible. We recommend that you get the follow-up call on the calendar within one week of receiving the survey report. The purpose of the call is three-fold. First, it allows you to discuss the report with the surveyor in a bit more detail than what may have been covered in the initial debrief. Second, it gives you the opportunity to raise any specific issues that showed up in the report that you’re concerned about or don’t fully understand. Third, it’s a good time to ask the surveyor for recommendations on next steps.
RICS’s industry guidelines suggest building surveys for properties that are large, very old, in some disrepair, or have unusual features. Building surveys are also recommended if you plan to do any significant renovations or extensions.
If you’re purchasing a relatively modern home that’s in decent shape and built to ordinary standards, then a Home Buyer Survey is an acceptable choice. If you want the assurance of an inspection and report that are pretty much guaranteed to turn up any issues that might be hidden or just hard to see, then you should go for a Full Building Survey instead.
The Full Building Survey is more detailed; it is more specifically tailored to the property your surveyor would be inspecting. It also comes with more advice on the visible defects found and on the potential hidden defects that they suspect may be present. Your surveyor will illustrate reports with photographs so that you can clearly see what has been discovered. Both the Home Buyer and Full Building Surveys describe the repairs needed, the order in which the repairs should be done, and the kind of “maintenance measures” that will be required to keep the property in good condition.
A HomeBuyer Report does include a market valuation as well as reinstatement costs. However, a Full Building Survey does not. The main reason for the differences in what is and isn’t included in the two types of reports is how focused the reports are on the condition of the property. The Full Building Survey is the most in-depth and comprehensive survey of a property that you can have done.
When deciding whether to demolish or mend a shared chimney, the homeowner must consider a few significant aspects. First off, how bad is the chimney’s physical condition really? Should the homeowner rely on the advice of a contractor who recommends removal and replacement, or on the advice of a consultant architect experienced in repairs? A Notting Hill Party Wall Surveyor can help you answer these questions and progress forwards.
Looking for a Chartered Surveyor? If you are buying a property, contact us for a building survey. Our panel of CIOB, RPSA and RICS surveyors will help you with the Level 2 or Level 3 property survey you need in Notting Hill. We can also assist you in Red Book Valuations, Party Wall Awards and other services. Reach out to us today for building surveyors, valuers and party wall surveyors in London!
