Chimney breast removal and party walls
In most houses built before the 1960s, the chimney breasts sit on the party wall, back to back with the neighbour's. Removing one is work to a party wall under section 2 of the Act, so you must give two months' notice.
Why it's notifiable
The Party Wall etc. Act 1996 specifically gives a building owner the right to cut away a projecting chimney breast from a party wall, but only after serving a section 2 notice at least two months before the work starts. That applies whether you're removing the breast in one room, on several floors, or in the loft.
What makes it sensitive
- The stack above. If the breast is removed below a chimney stack that stays, whatever is left above must be properly supported, usually on a steel beam designed by a structural engineer. Building control approval is also needed.
- Shared stacks and flues. Back-to-back breasts often share one stack. Removing your side can affect the stability of the neighbour's breast and flues, and any fire or boiler flue they still use.
- Vibration. Cutting brickwork out of a solid party wall carries noise and vibration next door. Cracks in the neighbour's plaster are the most common damage claim, which is why a schedule of condition beforehand is so valuable.
- Making good. The wall face left behind must be made good, and the party wall must remain sound for fire separation and sound insulation.
What the award usually covers
- The engineer's support design for the stack, and the sequence of removal
- Checks on the neighbour's flues before and after, where they're still in use
- Working hours and dust control
- Making good on your side, and dealing with any damage on theirs
Costs
Notices are £100 per neighbour, covering all the notices they need. If a neighbour dissents, an award starts from £995, plus a schedule of condition from £390. See full pricing.
Chimney breast questions
Can I remove a chimney breast without telling my neighbour?
Not if it's on the party wall. That needs a section 2 notice. Doing the work without notice exposes you to an injunction stopping the work, and to claims for any damage.
Do I need building regulations approval as well?
Yes. Removing a chimney breast is structural work, so building control needs to approve how what's left above will be supported. The party wall process is separate and runs alongside.
Is a chimney breast on an external wall covered?
Not by section 2, if the wall isn't shared with a neighbour. But if the work involves digging near a neighbouring building, section 6 could still apply.
Not sure if the Act applies to your project?
Tell us what you're planning. We'll tell you, free of charge, whether you need to serve notice and what happens next.