Thank you for clicking on today’s Property Surveying blog post. Through our weekly blog posts, we aim to tackle some of the more complicated and tricky parts of the property surveying procedures that we deal with here at Stokemont on a daily basis.
Party wall surveying is by way and wide one of the most complicated forms of surveying work that we here at Stokemont undertake.
One of the most typical enquiries we find ourselves being asked here at Stokemont is whether Party Wall Notices are required if a building owner is planning on removing the chimney breasts within their property.
In order to best answer this we will look at the wording of the Act and the requirements as set out by the Party Wall etc. Act 1996 in respect of Party Wall Notice service.
The wording of the Act as per Section 2(2)(F) and (G) sets out as follows:
(f) to cut into a party structure for any purpose (which may be or include the purpose of inserting a damp proof course);
(g) to cut away from a party wall, party fence wall, external wall or boundary wall any footing or any projecting chimney breast, jamb or flue, or other projection on or over the land of the building owner in order to erect, raise or underpin any such wall or for any other purpose;
In layman’s terms, what this means is that any works including any works to a party wall, including the cutting away of a chimney breast will be governed by the Party Wall etc. Act 1996.
As per Section 3 of the Party Wall etc. Act 1996 as follows:
Before exercising any right conferred on him by section 2 a building owner shall serve on any adjoining owner a notice (in this Act referred to as a “party structure notice”)
This effectively means that a building owner has a legal duty and responsibility to serve Party Wall Notice upon their neighbouring adjoining owner prior to the planned chimney breast removal taking place.
It is important to note that the Party Wall Notice will be due to the adjoining owner with whom the building owner shares a party wall, and with whom directly adjoins the removal of the chimney breast.
This means that in scenarios whereby the building owner owns a flat and is removing a chimney breast on their level of the building, they will only need to service notice on the corresponding adjoining owner, and not those above and beyond the level to which the chimney breast is being removed.
Construction Work Risks
Chimney breast removal is one of the higher risk forms of party wall works. Not because the works are of particular structural risk, however instead because of the manner in which the contractor is going to be cutting away the chimney breast that is bonded and tied to the party wall itself.
At the junction where the protruding chimney breast meets the party wall, the brickwork is going to be toothed and bonded to the wall itself, thereby meaning that if a building owner’s contractor doesn’t remove the chimney breast with oscillating power saws, or hand tools, there is likely to be a significant knock on effect, vibration and corresponding damage to the neighbouring property and party wall.
Party Wall Considerations
One of the key elements when a building owner is undertaking works to a party wall, that include both cutting into and away from the party wall, is for the contractors to use hand tools or non-percussive tools on the party wall itself.
Both of these respective tools have the significant bonus and added effect of not causing excess vibration to the party wall.
In turn, this will significantly reduce the impact of the planned works to the adjoining owner’s property. Importantly bringing down the level of vibration that can occur, along with the natural debonding of plaster, hairline separations to board joints and general issues that can arise to ceilings and walls resulting from this form of construction work.
Party Wall Notice Timings
The Party Wall Notice for the removal of chimney breasts will need to be served a minimum of two months in advance of the building owner’s planning works commencing on site.
It is important for a building owner to give consideration to these timings, as in many cases adjoining owners may not be present at the property and thereby additional Party Wall Notices need to be served on account of non-response.
Alternatively, the adjoining owner may want to take the necessary time to both consider the works, make enquiries with party wall surveyors and ultimately ensure that they are comfortable with the information they are provided.
At that stage they are likely to confirm whether they consent to the Party Wall Notice or dissent to the Party Wall Notice.
In respect of the protective clauses and in particular non-percussive tools and hand tools that we have discussed as part of this blog post, it is important to note that these types of considerations are only likely to be implemented in scenarios whereby the adjoining owner dissents to the Party Wall Notice. With that party wall dissent then leading to the agreement of a Party Wall Award which would include such requirement and provision within it.
Chimney breast removal works are an incredibly common form of work, overall, chimney breasts and fireplaces have become outdated and with fuel efficiencies and Government incentives in eco boilers slowly making their way through to manufacturers in the market place, the use of wood burning fires, or gas fires is generally becoming less and less conventional.
It is also important to note that chimney breasts will have a significant projection into the room itself meaning that once removed the property owner is going to be able to benefit from a larger living area. While also not having to structure the room around the projecting and protruding breast itself.
If you would like to discuss your chimney breast removal works with our team of party wall surveyors please feel free to give us a call today.
Equally, if you are an adjoining owner and would like to discuss your neighbour’s proposed chimney breast removal works, please feel free to contact us today.
Contact can be made via our contact page on the website, you can simply send us an email, or alternatively give us a call on our Marylebone office line. We look forward to hearing from you!
