chimney breast removal by neighbour - any structural/contruction/legal experts who can advise?

[MGMidget]

Our new neighbours did some noisy work to the party wall while we were on holiday and my-laws, who were housesitting at the time, told us. When we had a chat with one of the builders after we got back he told us they were replastering so we thought nothing of it. However, during a casual chat with the neighbours yesterday they mentioned they'd been removing the chimney breast at that time!

I know they should have given a party wall notice and didn't (and hence there's nothing we can do about this aspect now as far as I know) but I am concerned about the structural risk to our wall. I have searched our local authority's building control records which are available on line and there's no record of any application or approval for this or any other work to the property.

Is it advisable for us to raise this with the neighbours and seek to get building control involved after the event? I obviously didn't want to get off to a bad start with new neighbours and I'm half tempted to stick my head in the sand over it but on the other hand I have heard unsupported chimney breasts can be a big problem. Can anyone who knows something about this area or has had a similar experience advise me on best approach on this? Thanks!

I may be wrong but I don't think they would need a party wall agreement if they were just working on their side of the wall and not putting in steels or anything like that.

Removing a chimney breast is fine if you are taking it out all the way through, right up to the chimney stack, if they have only removed it on one level (say downstairs) then they would have to put steels in to take the weight of the chimney stack above, so then they would need party wall agreement.

I think you need to know more about what they have done.

It would be something that building control would be involved in rather than planning so they may not be an application on line, it may be worth ringing them and asking their advice.

OK thanks. Judging by the noise which continued after we were back from holiday I'd say they were taking chimney breasts out higher up the house too. However, the chimney stack is still on top of the roof and we have chimney breasts on the other side of the wall and the other half of the chimney stack on the roof is ours and still there. Our chimney breast has been removed years ago by a previous owner at the ground floor level and this was inspected and approved by building control.

My understanding is that removal of a chimney breast attached to a party wall does need a party wall agreement although the big concern is obviously that what they have done is OK structurally. Our local authority enables a search to be done of building control applications as well as planning applications and there's nothing on their records.

I'd definitely talk to them, find out what they have done and then talk to Building Control, particularly as you know that it was needed when similar work was done on your house. I'd be just chatty with them asking them what they had done and how were building control to deal with - assume that they have brought them in as a matter of course, and then if they say BC, who are they? you can explain and also gives you a chance to say that you'll ring up and double check with them as if you're doing them a favour...

If it turns out they should have dealt with building control but didn't and then they get antsy with you for having called them in then yes that is unfortunate and not great. But it's certainly a lot worse if your house is structurally compromised because of their lack of doing this properly!

They definitely should have asked you to sign a party wall agreement and you can insist that it is put in place now at their expense. You can also appoint the surveyor yourself and not rely on theirs.
That said - you will share the chimney stack so provided that the stack has been adequately supported and sealed neither you nor they should have problems.

Your neighbours should have followed the Party Wall Act and served notice on you - see here for more info: www.gov.uk/party-wall-etc-act-1996-guidance

It is also in their interests to get it sorted out because failure to serve notices as required by the Act can result in the burden of proof of damage being reversed. So instead of you having to prove that any damage caused to your property was a result of their removal of the chimney breast, they would have to prove it wasn't.

Building control should also be involved in checking that the remaining stack is property supported. Some councils allow gallows brackets, some require a beam/RSJ to go in.

and the brackets/RSJ decision will also depend on construction/state of the brickwork of what's left... just had a structural engineer advise on this very matter!