Removal of chimney breast on party wall

[whats4teamum]

A casual conversation with my neighbours has revealed they intend to remove a chimney breast on our party wall and RSJs will be deployed. Should they have informed in writing under the party wall act and would you insist they pay for a surveyor for us as previous owners did not maintain the property very well. I don't want to fall out with anyone but I do want to protect my property.

[lalalonglegs]

Yes, they need to serve written information about their plans 8 weeks before work commences and are obliged to pay for a surveyor of your choice to uphold your interests. Speak to them about it saying that you're not sure it's necessary but you've heard about this thing called the Party Wall Act and you think their work might fall under its remit...

[nocake]

I would definately insist on them paying for a surveyor if they're doing that sort of work on a party wall.

[catsareevil]

I would definitely raise it with them. Removing a chimney breast is the kind of thing that can go badly wrong, and the fact that this is a party wall and that they are not doing what they should would make me question whether they have a good surveyor advising them.

[hildathebuilder]

yes they are obliged to serve a notice, but...... there is no penalty if they don't.... unless something actually goes wrong

[Pendeen]

Yes they must serve a notice under the Party Wall Act.

Any reasonable costs incurred by you must be borne by your neighbour.

[Archip17]

Get some advice from a chartered surveyor. More info here www.rics.org/partywalls

[whats4teamum]

That's really helpful. Will try and get 30 mins with a RICS Member.

Is it conceivable their architect does not know? I assumed thats what they were there to advise on.

[nocake]

No, it's not conceivable that their architect doesn't know that they are supposed to serve a party wall notice but it's not his/her responsibility to tell them. It's entirely possible that they're hoping you won't notice, and if they do it without any problems then you wouldn't notice. However, if something goes wrong then it could go horribly wrong.

[VivaLeBeaver]

I never knew that. We had a builder knock down a chimney breast on the party wall and he never said anything. But then we never told our neighbours!

[Pendeen]

nocake

I'm afraid you are mistaken, it is an Architect's professional responsibility to advise their client of any legal requirements that arise out of a commission.

(If the neighbour actually has employed a registered Architect that is).

VleB

Builders, not being required to follow professional ethics, have no such responsibility.

(If the neighbour actually has employed a registered Architect that is).

[HarlotOTara]

Slightly off on a tangent but my dh has a building company and he has reminded a new client to make sure she has a party wall agreement prior to building work starting, I think a chimney is involved as well. There are builders who work responsibly.