Shared chimney dispute with landlord and Party Wall notice

[Andreaoid]

Hi, I am coming to you all for a piece of advice as I am not originally from the UK and I am not sure how to protect myself.

I own a house that shares a chimney stack with a rental house. I contacted the EA about the need for repair of the chimney stack and they kept fobbing me off for over 4 months (since Jan 2), excusing the slowness by the owner needing yet another quote.

So, last week I paid for a land registry report, got the owners name and address, got a builders quote for removal and erection of a new chimney stack and posted a formal Party Wall notice through the landlord's letter box. They now have 14 days to respond. And voila, first thing in the morning I got a call from the EA asking for my reasoning behind a need for complete rebuild - the brickwork is crumbling, bits of brick are falling down and the stack had been obviously dropped down by a several inches before me owning the house.

The EA told me the owner is looking for an amicable resolution (4 months of hostile ignorance!) and they shared with me a quote for £800 to drop the chimney down by three quarters and make good on the rest. So, basically leaving an ugly stump. I told them I actually use my chimney (open fire). My 1st question: is it legal to have approx. 15 inches tall chimney stack and use it for actual fire? I assume not!

Second question, I believe the landlord will try to beat me to a cheap quote/job but I want to sell the house next year so a decent stack is necessary. The LL is also in his 70s but a chartered surveyor (and partner of the estate agency) as is the EA who called me and 'explained' if we need a surveyor we should go for a shared one. Because of the connections both of these men have in our town, I do not trust the surveyor process.

What are my options? How do I go about all of this? Any advice?

From a health and safety point of view making good and the expense can be forced

The cheapest probably in this case is to remove completely and your neighbour would be responsible to pay 50% but only on the cheapest solution

You need the chimney for a fire which is your choice but you can’t force your neighbour to pay for that and unless it’s a listed building or conservation area the council can’t force it’s retention

Building regs will advise on height of stack it’s 600mm approx but depends on roof.

You need to follow correct procedure

You need a party wall surveyor

If your neighbour doesn't agree to the PWA then they get a party wall surveyor

If both surveyors don’t agree a third is employed to mediate

Structural surveyors recommend on the work needed and detail
Party wall surveyors deal with the legal side. Structural surveyors are not qualified in that

Missed this
Yes a conservation area will swing it in favour of retention
good news

but get the landlord to pay some upfront before works start or you may end up taking them to small claims

Yes, the landlord consented to my quote and the full rebuild this afternoon, after I told them about the conservation area. I think he started to be worried about the ballooning costs - surveyors, planning permission, etc. So, happy news and the stack will be fully rebuilt to its former glory. Massive sigh of relief from me and a successful conclusion to my very stressful week.
And just to confirm, the owner did sign my PWA so everything is formal and in writing. The builder has been instructed and work will start on July 6.

You need to appoint a Party Wall surveyor and they will appoint one too. The surveyors will agree the scope of works between them and who pays for what.

If the neighbour has given written consent for all the detailed works then that’s great
but take photos of their property before works start.

In case of damage