In most cases, removing a chimney
breast will require a party wall agreement. This is because the chimney breast is usually located on the party wall, which is the wall separating two properties. Even if the chimney breast is entirely within your property, it may still be necessary to obtain a party wall agreement if it shares a foundation with your neighbor’s property or if it’s structurally connected to their property.
What Happens if You Don’t Obtain a Party Wall Agreement?
If you undertake work without obtaining a party wall agreement, you could face legal action from your neighbor. Your neighbor may seek an injunction to prevent the work from proceeding, or they may claim damages if their property is damaged as a result of the work. It’s essential to obtain a party wall agreement before starting work to avoid such complications.
Advantages of Obtaining a Party Wall Agreement
Obtaining a party wall agreement when removing a chimney breast has several benefits:
You can avoid disputes and legal action from your neighbor.
You can ensure that the work is carried out safely and with minimal disruption to your neighbor.
You can protect your property from potential damage caused by the work.
You can have peace of mind that the work is being done in accordance with legal requirements.
How to Obtain a Party Wall Agreement
To obtain a party wall agreement, you must serve notice on your neighbor. The notice should provide details of the work you plan to undertake, the expected start date, and the expected duration of the work. Your neighbor will have 14 days to respond to the notice. If they agree to the work, they will sign the party wall agreement. If they do not respond, or if they disagree with the work, you will need to appoint a surveyor to prepare a party wall award.
Removing a chimney breast from your property can provide many benefits, but it’s essential to follow the legal requirements involved in such a project. A party wall agreement is crucial when removing a chimney breast, as it can help you avoid disputes, protect your property, and ensure that the work is carried out safely and legally. Contact Faulkners Surveyors in Witney for expert guidance on party wall agreements and other property-related matters.