Chimney breast removal and the Party Wall Act

In a terrace or semi, a chimney breast on the shared wall is part of that wall. Taking it out, or cutting away part of it, usually needs a Section 3 notice, even if you only want the extra floor space.

Why a chimney breast needs a notice

In a terrace or semi-detached house the chimney breast is often built into the party wall. It is not furniture that happens to sit against the wall. It is part of the wall, and often it is part of what holds the chimney stack above the roof up. So cutting it away means cutting into or away from a shared structure, which falls under Section 2 of the Party Wall etc. Act 1996 and needs a Section 3 party structure notice two months ahead.

What goes wrong when it is done informally

  • The stack above is left unsupported and leans or cracks
  • The neighbour’s flue, which shares the stack, loses its support or is damaged
  • The party wall is left rough or thin, which affects sound and fire separation
  • A crack appears in the neighbour’s chimney breast, and nobody can show whether it was there before

Each one is easier to prevent than to argue about.

What the surveyor and engineer look at

  • Support to the stack above. If the breast is removed, the stack needs to be supported by an engineered solution, often steel supports known as gallows brackets, or it is taken down.
  • Shared flues. In many terraces the flues from both houses run in the same stack. Taking the wrong thing away damages the neighbour’s flue.
  • The party wall itself. The wall is made good, with sound and fire performance in mind.
  • The neighbour’s side. The neighbour’s chimney breast, loft and roof are recorded in a schedule of condition.
  • Ventilation of retained flues, where a flue is kept but no longer used, which building regulations deal with.

The usual order

  1. Get an engineer’s advice on how the stack above will be supported.
  2. Check the party wall position and serve a Section 3 notice at least two months ahead.
  3. Have the neighbouring side recorded in a schedule of condition.
  4. Agree an award if the neighbour dissents or says nothing.
  5. Notify building control, as required.
  6. Do the work.

Often part of something bigger

Chimney breast removal often goes with a loft conversion or a kitchen and dining extension. If so, the chimney work is added to the same notice, so that your neighbour deals with one package.

What it costs

We prepare and serve the notice for £70 and record the neighbouring chimney breast and loft for £350. If your neighbour does not consent, we act as agreed surveyor for the award from £600. There is no VAT. See our fees or call 0800 999 1947.

Chimney breast questions

I only want to remove the chimney breast in one room. Do I need a notice?

If the breast is on the shared wall, probably yes. Removing it means cutting into or away from the party wall, and the stack above is often supported by it. If the breast is on one of your own external walls, the Act is unlikely to apply. Send us a photo and we will tell you.

Can I take out the chimney stack above the roof without removing the breast?

If the stack stands on the party wall, taking it down or rebuilding it is likely to need a notice, as it is work to the party wall. See roofing work and the Act.

My neighbour has already removed theirs. Does that mean I can?

Not automatically. Each owner’s work is a separate matter with its own notice. What your neighbour did may affect how the wall now looks, and the surveyor will record it in the schedule of condition.

Do I need building regulations approval too?

Usually, yes. Removing a chimney breast is structural work, so building control is normally involved. That is separate from the Act, and the two run side by side.

Talk to us before you serve or answer a notice

The first conversation is free and there is no obligation. Tell us about the work and we will say whether the Party Wall etc. Act applies and what it would cost.

Call 0800 999 1947Email us