Blogs
Do I have the right to move my side of the chimney stack?
Thursday 5th December 2024
Carl O'Boyle BSc MRICS FCIOB MFPWS
In the UK, if you intend to remove your side of a shared chimney stack at roof level, you are required to follow the procedures outlined in the Party Wall etc. Act 1996. This Act mandates that you serve a Party Structure Notice to your adjoining owner at least two months before commencing the work.
Key Steps to follow:
1. Serve a Party Structure Notice: Notify your neighbour in writing about your planned work, providing details of the proposed alterations. This notice should be served at least two months prior to the start of the work.
2. Obtain Written Consent or a Party Wall Agreement:
• If the adjoining owner consents, you can proceed with the work as planned.
• If the adjoining owner does not consent or does not respond, a dispute is considered to have arisen, and both parties must appoint a Party Wall surveyor to draw up a Party Wall Award, which outlines the rights and responsibilities of each party and sets conditions for the work.
Additional Considerations:
• Structural Integrity: Removing part of a shared chimney stack can affect the structural stability of both properties. It is essential to ensure that the remaining structure is adequately supported and weatherproofed.
• Building Regulations Approval: In addition to complying with the Party Wall etc. Act 1996, you must also obtain approval from your local Building Control Authority, as such work involves structural alterations.
Failure to adhere to these legal requirements can result in legal disputes, potential fines, and complications with future property transactions. Therefore, it is advisable to consult with a qualified Party Wall surveyor or legal professional to navigate this process correctly.
