Removing a chimney breast - building regulations?

[stockhausen]

My nephew owns and lives in a basement flat. The owner of the three storey accommodation upstairs wants to remove the chimney breast in his living room.

In principle I can't see a problem. However, there was a fireplace (which was bricked up long ago) in the basement and there is still an air brick in what is now my Nephew's bedroom.

If the chimney breast upstairs is removed, I would imagine that the air brick will no longer achieve anything useful - with the possible result that this will cause damp in his bedroom and in the basement.

Are there any building regulations that would apply here?

 

[PureAppleJuice]

Simply because I have been Googling around the subject this afternoon (as I am looking to do similar), I think the owner above does need to liaise with Building Control, and serve Party Wall Act Notices to the neighbours (assuming it is a shared chimney stack with a property on the other side) and your nephew. I don't think the upstairs neighbour can just turn up one morning with some power tools and get working on it.

Not sure if that helps at all?

 

[stockhausen]

Simply because I have been Googling around the subject this afternoon (as I am looking to do similar), I think the owner above does need to liaise with Building Control, and serve Party Wall Act Notices to the neighbours (assuming it is a shared chimney stack with a property on the other side) and your nephew. I don't think the upstairs neighbour can just turn up one morning with some power tools and get working on it.

Not sure if that helps at all?

Thanks, appreciate the response

However, it doesn't really address my inadequately expressed question which was concern about a home owner being permitted to block someone else's ventilation.

 

[fastwunz]

The long and the short of it is that he need building regs approval to do it - he cant just knock it out as the stack above will need to be supported with steels

 

[dlockers]

IIRC the vent is to stop damp in the chimney breast itself, rather than give your nephew and his flat clean air. Are they proposing that they will only remove the breast down to their ground floor level? That doesn't seem legit. That could mean he is left with the cost if he wanted to remove his breast to remediate the supporting floor/ceiling of their house.

 

[stockhausen]

Thanks, that makes sense about the vent (at floor level) not actually making any significant difference in terms of ventilation - I will point that out to him.

The people upstairs are planning to remove the chimney breast just in the front (living) room on the upper ground floor above his basement flat. He has no plans to make any significant changes to his flat and will be selling up and moving on as soon as he can afford to do so - he just wants to make sure that he doesn't have any damp problems in the interim and that there are no problems when he does come to sell.

I have no doubt that their builders will involve the local planning department.

 

[JBuk]

I have no doubt that their builders will involve the local planning department.

I’m sure they will

 

[LeeUK]

What if the the other flats are still using the chimney, or if the basement flat has a log burner or an old skool gas fire still in etc?

Surely then the flat above can't just go knocking the chimney out because it suits them.

 

[fastwunz]

What if the the other flats are still using the chimney, or if the basement flat has a log burner or an old skool gas fire still in etc?

Surely then the flat above can't just go knocking the chimney out because it suits them.

this is very true

 

[stockhausen]

In this particular case:

• There are two flats
• There are no log burners
• I believe that all of what were once fireplaces have been filled in with just a vent near the floor

What I am interested in is "Are there any building regulations that would apply here" and if so, can someone please point me to a form of them that actually makes sense to a lay person?

 

[Edinho]

What I am interested in is "Are there any building regulations that would apply here" and if so, can someone please point me to a form of them that actually makes sense to a lay person?

Then you need to get advise from a professional be it a builder or structural engineer. You can't go knocking down structural walls without knowing what it entails.

For starters afaik you need a party wall agreement for starters.

 

[Scrutinize]

@stockhausen

2 elements.

1) The restrictive covenants on the deeds for both residencies should prevent structural modifications of this nature and in scenarios like this.

You cannot obstruct passage/means of ventilation in flats / single building w separate accommodation/habitats.

Who pays for the buildings insurance as this can give indication where liability falls?

2) Building control consultation is required and a final certification required for works of this nature regardless

The best course of action is to check with the council building control department. This can be done very easily, and also registers the issue/query.

 

[stockhausen]

@Scrutinize

• So far as "restrictive covenants" are concerned, when the guy upstairs bought his flat, he got a "Permission to alter" from the vendor, this included allowing him to remove the chimney breast.
• The insurance is split 75:25 between the upstairs and the basement - I don't know what the insurance says about "alterations".
• I will tell my Nephew preemptively to approach the "Council building control department"

Thanks for all that

 

[alchal]

If they removed the chimney partially and next door did the same it could lead to instability and collapse, my girlfriends brothers house had this happen to him.

We moved into our house where they had removed the chimneys downstairs and left them, we had to install an RSJ beam in the loft to support the remaining chimney stack after knocking the remainder from the bedroom as it was dangerous without.

Gallows brackets are not recommended if you want it to pass inspection, well in Sheffield anyway.

 

[fastwunz]

If they removed the chimney partially and next door did the same it could lead to instability and collapse, my girlfriends brothers house had this happen to him.

We moved into our house where they had removed the chimneys downstairs and left them, we had to install an RSJ beam in the loft to support the remaining chimney stack after knocking the remainder from the bedroom as it was dangerous without.

Gallows brackets are not recommended if you want it to pass inspection, well in Sheffield anyway.

gallows have fallen out of favour with most local authorities now - a proper steel is required on the whole and building regs

 

[peige]

I'm sure they will need building control to look it over and sign it off. I sold a place a couple of years back and the buyer enquired about the now missing chimney stack and asked me to proved certs for the removal which I could not as it had been done years ago and not been identified during my purchase. I had to do an indemnity policy to cover it in the end.