A party wall is a wall located on or at the division line between adjoining premises and used by adjoining landowners in the construction or maintenance of improvements on their respective properties. Generally, each owner of adjoining lands on which a party wall stands owns the part of the wall that stands on the owner's land and has an easement on the other part. Party wall interests are dependent on the terms of an agreement between the adjoining landowners. Unless the party wall agreement provides otherwise, the duration of the adjoining owners interests in the wall ordinarily continue as long as the wall stands. Party wall easements are terminated on the accidental destruction of the wall and, under some circumstances, on substantial changes in conditions of the neighborhood. The terms of the party wall agreement can provide for termination under other circumstances.
Since a party wall easement is an interest in land, it may be created by express deed drawn and executed with the same formalities as any other deed to real estate, or by a deed provision granting or reserving party wall interests. A contract, or provision in a contract, may also operate to create party wall interests. The following form is a general form establishing a party wall.
Party Wall Agreement For Chimney Breast Removal
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FAQ
Do you need a party wall agreement to remove a chimney? Yes. Removing a chimney involves major structural work, and if the chimney stack is shared, this cannot be done without permission being granted from the neighbouring property.
If you discover that the chimney breast you want to remove is real, then you will almost certainly need to contact a structural engineer. Actual chimney breasts form part of the structure of a house once removed, the addition of support beams may need to be incorporated to support any masonry above.
Planning permission is not normally required to remove a chimney stack or a chimney breast from a dwelling as long as it is not a listed building or located within a Conservation Area and any repairs/infilling to the roof is done using materials which match those already used on the property.
You can not remove half of a shared chimney stack because the brick work is all tied in together and removeal of your half of the stack will cause it to become unstable.