Party wall agreements: Chimney breast removal
Chimney breast removal can be a good call for many homes. While some homeowners enjoy period features, others may consider chimney breasts a nuisance. If you’re considering the removal of a chimney breast, it’s important to understand the regulations and requirements involved before any work begins.
Chimney breast removal: Why you need a party wall agreement
At first glance, removing a chimney breast looks simple enough: a few swings of a sledgehammer, clear away the rubble, plaster the wall, redecorate, and suddenly you’ve got a few extra square metres of living space.
However, chimney breasts are part of the building’s structure, and taking them out should be approached in the same way as taking out a load bearing wall.
The ground floor chimney breast will have the first floor, attic section, and chimney stack itself above it. There is probably the best part of a tonne of masonry which will all need proper support, and may also be shared with next door. You could of course ignore it, make sure nobody sits under it, cross your fingers and hope for the best, but when you come to sell, a surveyor will spot this in a building survey. You will then need to complete this work which will be far more expensive, or you will not be able to sell the house.
Chimney breast removal: How to do it properly
Chimney breast removal is typically achieved by using hand tools. It’s messy, and any vibration can dislodge bricks and soot. Worst of all, on a shared wall, it may dislodge bricks that divide your house from your neighbour and there’s no guarantee they will fall down on your side.
Once you have removed the breast, the remaining sections of chimney and the stack will need to be supported. Usually this will need a steel beam. In some circumstances, a system of gallows brackets may be agreeable to the building inspector, but you must check with your local building control office first and know when to use gallows brackets. For further guidance on this, take a look at our party wall FAQs.
What won’t work is supporting the chimney breast on bits of timber nailed to the joists or a scaffold pole slung between two joists, or a metal plate resting on the joists or brick corbelling. A structural engineer for chimney breast removal is crucial, as they can prepare some calculations for you to ensure the support is properly designed.
The key thing to note is that removing a chimney breast is not a DIY job. We strongly recommend an experienced surveyor, which is where Collier Stevens comes in. We have party wall surveyors in Kent and Thanet, as well as party wall surveyors in London and Folkestone, who can guide you through the process, including preparing and agreeing party wall agreements where required.
Need help with your chimney breast removal project? Get in touch today for expert advice and support with your party wall agreement in London, Kent, Thanet or Folkestone.
Do I need building control approval to remove my chimney breast?
Because this work is structural, you’ll need building regulation approval, and proof of it too.
When we carry out a building survey in London, or a building survey in Kent for a purchaser, we always recommend the buyer’s solicitor check the approval and get a copy of the completion certificate. You can usually use the building notice procedure to apply and get your consent. There is some useful guidance on the Local Authority Building Control website regarding this matter.
If you are selling and haven’t got building regulation approval, you can apply for retrospective consent, but this will take time, and may require the ceiling to be opened up to demonstrate what’s there. If it does not comply with the building regulations, you will have to put it right.
So now you’ve got the structural design, the building regulation approval, the sledgehammer and the rubble sacks, you can crack on…. Or can you?
Do I need my neighbour’s agreement before removing a chimney breast?
If the chimney stack is on a shared or party wall, you will need a party wall agreement. As mentioned above, Collier Stevens can assist with party wall agreements in London and Thanet, as well as party wall agreements in Kent and Folkestone.
If you are doing any work on a party wall (and removing a chimney breast from a party wall is considered major structural work), you must follow the procedures laid out in the Party Wall Act 1996 (see our Party Wall FAQs page for further guidance on this).
This means that before you even think about wielding the sledgehammer, and at least two months before you start work, you must serve a written notice to your neighbours telling them what you are going to do.
Unsure if you require a party wall agreement in London or Kent? Take a look at our Do I Need a Party Wall Agreement guide, where we explain when an agreement is and isn’t required.
What if I live in a flat?
The chimney runs all the way down from the top of the building to the bottom, so if there are flats above and below you, you will need to serve a party wall notice.
As this work can affect the whole building, the freeholder will also need notifying, and you will usually need their consent. This may not be forthcoming, and your upper or lower neighbours may not agree to your plans either. That is because removing the chimney breast in your flat may make it impossible for the other flats to use their chimney breasts if they wanted to, perhaps with a gas fire or wood burning stove for instance.
You might also need to do structural work in areas outside your domain, which is unlikely to be acceptable. If the other flat owners or freeholders refuse permission for you to do the work, then there is very little recourse.
What should I put in my party wall notice?
The Party Wall Act states what needs to be included in a notice. You should put the same information in a letter. It is essential that this notice is written to your neighbour, as verbal agreements will not hold up.
For further guidance, take a look at our party wall notice templates. You’ll need to use a section 3 party structure notice.
What if one or all of my neighbours don’t give a party wall agreement?
Do not assume your neighbour will agree. If they do, you must get this in writing and it must be signed by them. If they don’t agree, you will need to appoint a surveyor and our Fixed Fee Party Wall Service may be a good way of dealing with this.
Unlike flats, your sideways neighbour cannot stop you doing your work, but can ensure it is done so that it does not compromise their chimney.
What happens if chimney breast removal is done without approval?
If a chimney breast is removed without building regulation approval, it will almost certainly be picked up when the property is surveyed for sale. You may then need to apply for retrospective approval, which can involve opening up the work, and if it does not comply, putting it right.
If the chimney is on a party wall and the correct procedures haven’t been followed, this can also lead to issues with your neighbour.
Can I take down the whole chimney if my neighbour doesn’t use it?
Only with their written agreement. They do not have to agree to this.
How much does a chimney breast removal cost?
Naturally, prices come to mind when thinking about this kind of work. The cost of removing a chimney breast can vary quite a bit depending on what you are taking out and how it needs to be supported. Party wall surveyor fees can vary depending on the number of neighbours and the complexity of the project, and on whether the property is in London or Kent.
You will also need to factor in the cost of the building work itself, as well as any additional professional advice required. As with most structural work, costs can vary significantly from property to property, so it is always best to seek proper advice and obtain quotes before starting. Our party wall experts across London, Kent, Folkestone and Thanet will be on hand to answer any questions you may have.
How long does it take to remove a chimney breast?
Removing a chimney breast isn’t something you can rush. The work itself can take a few days, but there’s more to consider before you even pick up a sledgehammer. Because it’s structural, you’ll need a structural engineer’s calculations, building regulation approval, and if it’s on a shared wall, a party wall notice – which must be served at least two months in advance.
All in all, the total process can take several weeks, so it’s important to plan ahead and get advice from our party wall surveyors in London and party wall surveyors in Kent to make sure everything is done safely and correctly.
Get chimney breast removal and party wall agreement advice with Collier Stevens
It is essential to carry out this work properly. Aside from party wall implications, our party wall surveyors in Folkestone, London, Thanet and Kent will always check chimney breasts and their support when surveying a house for a purchaser.
If chimney breast removal isn’t done properly, the value of a property can and will be impacted.
Whether you require assistance with party wall agreements in London, Kent, Thanet or Folkestone – or simply need advice on how to serve or respond to a party wall notice – we have highly experienced chartered surveyors who are on hand to assist with anything you may need. Get in touch today for expert advice.
Steven Way
Steven Way BSc MIHEEM MFPWS MRICS is the Practice Principal and is a Chartered Building Surveyor. With over 35 years as a practicing surveyor, Steve has a wealth of experience and expertise in both residential and commercial building surveying, party wall advice and disabled access auditing. He has also built his reputation as an expert witness.