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propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 285
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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Can a neighbour demolish chimney breasts which form part of

Resolved Question:

Can a neighbour demolish chimney breasts which form part of a party wall without a party wall agreement?
Submitted: 1 year ago.
Category: Law
Expert:  propertylawyer replied 1 year ago.

The Party Wall Act 1996 also uses the term "party structures". This is a wide term and is applicable to all party walls and also applies to horizontal party structures (such as floors or ceilings) between, for example, two adjoining flats or maisonettes . Interestingly, While a roof may not be aparty structure, if the structure supporting the roof is "shared" between two properties, then that part is likely to be a party structure. In a similar vein, chimney stacks are often "shared" between two properties and so are likely to fall within the definition of party wall or party structure.

Any work to a party wall or party structure must comply with the act. An agreement would be needed.

Any further questions or queries?

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Customer: replied 1 year ago.
I believe my neighbour to be about to demolish chimney breasts in the adjoining terraced hose to mine. The builders he has employed told me so yesterday in a casual conversation.
The neighbour presented me with a proposed Party Wall Agreement in early August 2016. I declined to sign it. He later informed me thus, by email; " We have discussed another option with the engineer. He has redesigned the work such that no work will be done on the party wall. It will slightly change the design inside our house, but as it no longer affects the party wall, I am formally withdrawing the party wall notice I gave you."
As I have good grounds to suspect an imminent intention to breach the Party Wall Act 1996; and as I have heard nothing further from my neighbour himself on the subject; I am anxious to know how best next to proceed.
Could I apply to the Court for a prohibitory injunction, for instance?