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Harringay, Haringey - So Good they Spelt it Twice!

Hello on this sunny bank holiday Friday!

I would like to ask if any of you have any idea, experience or wisdom to share about a chimney stack matter. I noticed yesterday that my neighbour who is carrying out a loft conversion, has removed his part of the shared chimney stack (see pictures of how it looked prior removal and after). Is this OK? What must he do (if at all) to ensure my chimney stack is secured? What should I do?

My chimney stack looks OK in principle (see picture). Some of the bricks on what it used to be the internal part of the chimney, seem dented and the lashings may need to be properly put back on. We do not have a shared flu and he has removed the whole of his chimney breast inside his property. 

I am concerned how this removal may affect my chimney stack and/or cause any potential structural damage. The chimney looks more exposed and doing some initial research, I have read that this type of work can potentially make the remaining chimney stack vulnerable to the wind and elements. Is this true?

Thanks! 

Lu

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We did some internal work on our rental house relating to the chimney. We put in a steel beam to make safe where a chimney breast had been removed on the ground floor only before we bought the property. Our surveyor told us that it would probably be safe and that he'd never known a chimney collapse under those circumstances. But, whilst I might be prepare to take that small risk if I was living there, it didn't seem fair to contract that risk on other people's behalf. So we had the work done. As part of the process, we had to get a party wall agreement signed with the neighbours.

I would have thought that your situation would also require your neighbour to get you to sign a party wall agreement. Did they not talk to you at all before doing the work?

At the very least, get a builder to come and take a look. From the photo, it looks like no flashing has been added to the newly exposed portion of the chimney. They may be intending to to this, but haven't got round to it. 

We have a few property lawyers on this site and I hope that one of them will comment. If I was in your positio, I'd feel more comfortable with some sort of agreement in place. 

Do you have legal advice included with your house insurance?

Thank you, Hugh. Yes I do. 

I had not seen half a chimney stack being removed on a loft conversion and no warning given either, so this has come as a surprise. Unsure if this is a matter to check first with an engineer or a lawyer. And I cannot really afford this expense because of my job situation. 

I've flicked a link to a HoL member who, if I have remembered right, is a property lawyer. Give that a day or two and see if I've got the right guy. He may be able to give some general advice. 

I'd say you're certainly right to pick this situation up. There's probably nothing to worry about, but best be safe.

Your neighbour may not realise the situation they are in. They may have been badly advised by the builder. But the builder should certainly know better. They should have told your neighbour to at least have talked to you. But, as I said, I think more than that is required.

Just a thought; another option might be to contact Building Control at the Council. But best wait to get more informed advice than mine before doing anything. 

I agree with what you say, though my neighbour is a builder by trade... I know he is going through a private professional to submit planning plans.

Good idea about approaching the Building Control at the Council.  

Thank you so much for your response, Hugh.

Your neighbour would have to go through the party wall process - and it's their responsibility to cover the cost of the surveyor for you. You are free to hire a party wall surveyor of your choice - and it's still their responsibility to pay for it. (We've recently been through this - message me if you want more details. I've done so much research on this that I could probably write a doctorate!)

Thank you Vlatka. I will message you. Luisa

I’d be amazed if they were able to undertake a loft conversion without going through the party wall procedure. That would probably cover the removal of half the chimney stack too. This article from a party wall surveyor is quite a good start. I’d Say it’s unlikely that your builder neighbour simply didn’t know about the party wall act, but probably just decided they wouldn’t bother with the procedure. Time to have a frank conversation with your neighbour I think. 

https://www.peterbarry.co.uk/blog/what-to-do-when-your-neighbour-ig...

Thanks Rob. Your expertise is appreciated. 

Thank you very much Rob. 

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