Chimney Breast Removal and the Party Wall Act

Removing a chimney breast is one of the most common ways North London homeowners open up a reception room or a kitchen. In Victorian and Edwardian terraces, though, the chimney breast is usually built against, or into, the wall you share with your neighbour and that brings the Party Wall etc. Act 1996 into play. If you are planning chimney breast removal and a party wall is involved, this guide explains what the Act stipulates, what notice to serve and what happens next.

The short answer

Yes. Chimney breast removal from a party wall is notifiable under the Party Wall etc. Act 1996. Section 2(2)(g) gives a Building Owner the right to cut away a projecting chimney breast, jamb or flue on their side of a party wall, but only after serving a Party Structure Notice under Section 3 at least two months before work starts. Section 2(5) stipulates that the Building Owner must make good all damage caused to the neighbouring property.

Is chimney breast removal covered by the Party Wall Act?

In most terraced and semi-detached houses, yes. Where the chimney breast projects from a party wall, cutting it away is one of the specific rights listed in Section 2(2)(g) of the Act, which covers cutting away 'any projecting chimney breast, jamb or flue, or other projection' on the Building Owner's side of the wall.

Chimney breasts in London terraces were very often built back to back, with flues from both houses running through the same brickwork. Removing your side can affect the stability of the stack above and the flues serving your neighbour, which is exactly why the Act sets out a formal process.

If the chimney breast sits on an external wall that is not shared, or on an internal wall wholly within your own property, the Act may not apply.

What notice do I need to serve for chimney breast removal?

You will need to serve a Party Structure Notice under Section 3 of the Act on each Adjoining Owner affected. The notice must be served at least two months before the work begins.

The notice should state your name and address, the address of the property, the nature and particulars of the proposed work, and the date on which you intend to start.

Where chimney breast removal forms part of a wider project, such as a loft conversion or a rear extension, it is usually sensible to include all the notifiable works together so your neighbour receives a complete picture. Our guide to party wall agreements for loft conversions explains how the different elements fit together.

What happens after the notice is served?

Your neighbour has 14 days to respond. They can consent in writing, or they can dissent. If they do not respond within 14 days, the Act stipulates that a dispute is deemed to have arisen.

If your neighbour consents, you can proceed once the notice period has run, although a Schedule of Condition of their side of the wall is still strongly advisable. If a dispute arises, Section 10 of the Act stipulates that it is resolved by surveyors. Both owners can concur in appointing one Agreed Surveyor, or each owner appoints their own surveyor. If an owner fails to appoint a surveyor within 10 days of a written request, the other owner can make the appointment on their behalf.

Dissent is not the same as an objection to your plans. It simply means your neighbour would like the protection of a Party Wall Award. We explain this further in what dissent means on a party wall notice.

What will the Party Wall Award cover?

The Award sets out the works you are entitled to carry out, how and when they are to be done, and the arrangements for protecting your neighbour's property. For chimney breast removal, an Award will usually address:

• The method of support for the chimney stack and any remaining breast at higher levels, normally designed by a structural engineer
• Protection of any flues still in use by the Adjoining Owner
• How the wall is to be made good, including the treatment of exposed flues and the finish on your side
• Working hours, dust control and access arrangements
• A Schedule of Condition recording the state of the neighbouring property before work starts

Who is responsible if damage is caused?

The Building Owner is. Section 2(5) of the Act stipulates that the right to cut away a chimney breast is exercisable subject to making good all damage occasioned by the work to the adjoining premises, including internal furnishings and decorations. Section 7(2) also stipulates that the Building Owner must compensate the Adjoining Owner for any loss or damage resulting from work executed under the Act.

Typical issues include cracked plaster on the neighbour's side and soot entering through a shared flue. A Schedule of Condition taken before work starts is what allows any claim to be assessed fairly, and it protects the Building Owner from being blamed for defects that were already there.

Do I need Building Regulations approval as well?

Yes. The Party Wall Act deals with your neighbour's rights, not with whether the structural design is adequate. Removing a chimney breast, particularly at ground floor level with the breast left in place above, is structural work and needs Building Regulations approval. A structural engineer will normally specify the steelwork or other support required.

Frequently asked questions

Can my neighbour stop me removing my chimney breast?

No. The Act gives the Building Owner the right to carry out the work, provided the correct notice is served and the process is followed. Your neighbour's protection comes through the Party Wall Award, not a power of veto.

How long is the notice period for chimney breast removal?

Two months. A Party Structure Notice under Section 3 must be served at least two months before the work begins, unless the Adjoining Owner agrees in writing to an earlier start.

What if my neighbour has already removed their chimney breast?

The stack above may already be relying on supports installed on their side. Your surveyor and engineer will need to understand what was done previously, so that your works do not undermine the support that remains.

Do I need a party wall surveyor if my neighbour consents?

Not necessarily. If your neighbour consents in writing, no Award is required. Many Building Owners still commission a Schedule of Condition so there is an independent record of the neighbouring property before work starts.

Speak to a Chartered party wall surveyor in North London

Hudson Party Wall Surveyors is a Chartered, RICS-regulated practice based in North Finchley, acting for Building Owners and Adjoining Owners across North London. Whether you are planning chimney breast removal or have received a notice from a neighbour, we can advise on the right notice, prepare the paperwork and see the matter through to a clear Party Wall Award. Call Simon on 020 3488 7747 or email simon@hudsonpartywallsurveyors.co.uk.