Faulkners Surveyors Brentwood

If you’re planning to undertake construction work on a shared boundary with your neighbour, you might need a party wall agreement.

It’s a legal document that outlines the responsibilities and rights of both parties involved in the construction process.

Do You Need a Party Wall Agreement to Remove a Chimney Breast?

If you’re planning to remove a chimney breast from your home in Brentwood, you may wonder whether you need a party wall agreement. Here, we’ll discuss what a party wall agreement is, when you need one, and how to obtain it.

Understanding Party Wall Agreements

A party wall agreement is a legally binding agreement between two or more property owners who share a wall or boundary. It outlines each party’s rights and responsibilities when it comes to the construction, repair, and maintenance of the shared wall.

Do You Need a Party Wall Agreement to Remove a Chimney Breast?

The answer is it depends. If the chimney breast is entirely within your property in Brentwood and doesn’t affect your neighbour’s property in Brentwood, you don’t need a party wall agreement.

However, if the chimney breast is part of a party wall, then you’ll need to follow the procedures set out in the Party Wall etc. Act 1996. You must provide your neighbor with a written notice of your intention to remove the chimney breast, including details of the proposed works, start date, and plans and drawings of the work. If your neighbour agrees to the works, you can proceed with the party wall agreement. If not, you’ll need to appoint a surveyor to prepare the agreement.

Advantages of a Party Wall Agreement

Even if a party wall agreement isn’t required by law, it’s always a good idea to have one in place. Here are some of the benefits of a party wall agreement:

Clarifies the extent of the work to be carried out
Defines the responsibilities of each party
Protects your property against potential damage during construction
Minimizes the risk of disputes and legal complications with your neighbor

How to Get a Party Wall Agreement

If you require a party wall agreement to remove your chimney breast, you should follow these steps:

Provide notice to your neighbor: You must provide your neighbor with a written notice of your intention to remove the chimney breast. This notice should include details of the proposed works and their estimated start date, along with plans and drawings of the works.
Responding to the notice: After receiving the notice, your neighbor has 14 days to respond. If they agree to the works, you can proceed with the party wall agreement. If not, you’ll need to appoint a surveyor to prepare the agreement.
Appointing a surveyor: If you and your neighbor can’t agree on the party wall agreement, you’ll need to appoint a surveyor. Your neighbor will also need to appoint a surveyor, and the two surveyors will collaborate to prepare the agreement.

Conclusion

Removing a chimney breast can give you more space in your home, but it’s crucial to know whether you need a party wall agreement before you begin the work. At Faulkners in Brentwood, we can help you navigate the process and ensure that all parties involved are protected. Contact us today to learn more about our surveying services and how we can help you obtain a party wall agreement.