Chimney stack - party wall agreement?

[Firsttimebuyer192]

We’re mid loft conversion and have been notified by our builder that a chimney stack on the roof (shared with neighbour) has started to split and it may be best to remove the stack on the roof entirely.

The poor condition of the stack was noted on our survey when we bought the house a few years ago and so has not been caused by the building work. Pictures at the start of the building work show the stack in the same condition it is in now.

Our neighbours signed a PWA at the start of our conversion but doesn’t include anything related to removal of the stack as this wasn’t known at the time.

We have asked the neighbours if they use the chimney and if we would be okay to remove it but they have come back accusing our builders of causing the split. We’ve already said we would cover the full removal cost as part of our broader works and so are not looking for a contribution from them.

We could alternatively just repair our side a bit which will probably prolong the life of the stack and will mean it will likely need repairs in the future which will cost more (I.e scaffolding again etc) and would then need to be shared costs.

I’m reading mixed things online but does anyone have similar experience and know if removing the chimney stack is in scope for party wall agreement and thus we would need to send another notice to remove it / two week wait time etc. Would a repair to our side only also cover that or could we just go ahead with that and move on?

Any help appreciated.

You need to repair the whole chimney stack, its a shared responsibility. It is not easy/sensible to just repair your half.

You can’t remove whats half owned by your neighbour unless they agree.
You need to repair it as the builder has started to notice it split.
Started to notice means the vibrations / your work is having an effect.
Just fix it.

Totally understand that we can’t remove it without their agreement (wouldn’t dream of doing this) but do you also need their agreement to repair it ?

In theory you could start working on your side without permission but then proceed to do the whole job, given your relation with your neighbour, it may be easier to ask forgiveness than permission.

You should have a party wall surveyor and so should they as part of the agreement (it could be yours that acts for both of you). Take advice from them.

Not your side, but yes if it’s on their property ie their side of the party wall.
You certainly should never do work on someone else’s land or property. I would drop a line saying it’s structural integrity is dependent on both sides being repaired and offer to pay for their half ( if you think they won’t pay theirs ). Suggest without this it could cause damage to your property, which is likely, and they won’t want to have to pay for that damage.

Make sure the builder gets photos of their roof before work or they could blame you for tile slips or leeks later.