Removal of Chimney Breast - Building Control?

[christianbeccy]

My Daughter lives in a semi-detached Bungalow and would like to remove the Chimney Breast, below the roofline. She has spoken with a structural engineer who is in the process of designing a solution and is aware of the need to comply with the party-wall scenario.

But, she can't get a clear answer as to whether a Building Control case is required, they say 'maybe', but cannot really provide any clear answers as to what specifications must be met.

Providing she uses a proper engineers solution and deals properly with her neighbours, has she done enough?

 

[frutbunn]

Simple answer, yes. Surprised the SE didn't confirm this.

 

[christianbeccy]

Simple answer, yes. Surprised the SE didn't confirm this.

I imagine perhaps he will then when he returns with the design solution. We touched on it during the meeting, but didn't thoroughly batten it down. So, we can expect him to confirm whether or not BC are needed?

 

[tony1851]

Party Wall Act applies, and she will also need to make a Building Regulations application as it is a structural alteration.

 

[^woody^]

PWA does not apply automatically. Only in certain specific instances, depending on how the work is being done.

 

[tony1851]

Sometimes chimney flues are side-to-side, not back to back. Removal can also be a sturctural issue if chimney breasts are not bonded to the party wall.
In such cases, the PWA would apply IMO.

 

[christianbeccy]

Sometimes chimney flues are side-to-side, not back to back. Removal can also be a sturctural issue if chimney breasts are not bonded to the party wall.
In such cases, the PWA would apply IMO.

I greatly appreciate the advice regarding PWA, it looks as though we need to ask our Structural Engineer some more questions, but I would hope that he would take into account those matters and, it would appear, advise accordingly.

Still not sure on the original question about Building Notice, but I guess we'll wait to see what the Engineer comes up with first.

 

[frutbunn]

It needs B Regs your SE should be fully aware of that.

 

[^woody^]

Sometimes chimney flues are side-to-side, not back to back. Removal can also be a sturctural issue if chimney breasts are not bonded to the party wall.
In such cases, the PWA would apply IMO.

The key thing that invokes the act is "cutting into the party wall". Not "removing bits of chimneys".

 

[christianbeccy]

The key thing that invokes the act is "cutting into the party wall". Not "removing bits of chimneys".

...which we wouldn't be doing.

We'll await further instruction from the SE...

 

[tony1851]

The key thing that invokes the act is "cutting into the party wall". Not "removing bits of chimneys".

It's not a case of 'removing bits of chimneys', it's removing the chimney breasts lower down. This implies that the remaining chimney stack within the loft and above roof level would need supporting. If the OP used gallows brackets, for example, to support the chimney (assuming Building Control would allow that), that would constrain the adjoining owner should they wish to remove their chimney breasts at a later stage.

Further, the chimney above the roof is a party structure. If the OP's builder supported the weight of the stack on a piece of 3 x 2 timber, the whole stack would of course come down. In this case, the neighbour would be entitled to know how effectively the chimney is to be supported, hence the PWA applies.

Agreed that the explanatory booklet to the Act explains that drilling the wall for shelves, or fitting sockets etc doesn't come within the ambit of the Act. But removing a chimney breast is structural work which can have an effect on the party wall.

 

[^woody^]

know how effectively the chimney is to be supported, hence the PWA applies.

No no and no

The Act is quite specific as to when it applies, and therefore when it can be useful to the owner or adjoining owner.

The operation of removing a chimney, supporting or not, and the benefits of knowing what the neighbour is doing, is not part of the Act, and whilst it might be nice to to know, if the work is not part of the Act then it cannot be applied.

It is the operation of cutting into, or removing parts of the party wall that invokes the Act and not the operation of the removal of a chimney breast. So if the removal does not involve that specific work, then it does not apply, and can not be made to apply.

 

[tony1851]

From the legislation itself...

 

[frutbunn]

I've spent most of my life reading Acts and regulations and got to agree the PWA applies. It couldn't be anymore clear.

 

[^woody^]

I've spent most of my life reading Acts and regulations and got to agree the PWA applies. It couldn't be anymore clear.

From the legislation itself...View attachment 206560

OMG. If you are going to quote the Act, then please ensure that you understand what you are quoting.

section (g) relates to cutting off a projection owned by the adjoining owner that projects over the land of the building owner.