Chimney Breast Removal and the Party Wall Act: Step-by-Step Rules
Removing a chimney breast that forms part of a party wall usually needs a party wall notice. It is listed work under Section 2 of the Party Wall etc. Act 1996. Serve at least two months before starting, and do not take out the breast without support for the chimney above.
Step 1: Check who owns what
A chimney breast in a semi-detached or terraced house is often built into the shared wall. Even if it projects only into your room, cutting it away can affect the wall your neighbour also relies on. Confirm with your surveyor or engineer whether it is party structure.
Step 2: Get the structural design
A structural engineer should say how the stack above is supported, usually with gallows brackets or a steel beam. The design also shows where any support is set into the party wall. That detail decides what goes into the notice.
Step 3: Serve the notice
Serve written notice at least two months before the start date. Describe the work as cutting away the projection and supporting the chimney. Serve on every adjoining owner, which includes the freeholder if the neighbour is a leaseholder.
Step 4: Response and award
Your neighbour has 14 days to reply. If they consent, you may proceed. If they dissent or say nothing, surveyors are appointed and an award is made. It usually covers method, access, and a schedule of condition, including the neighbour's chimney breast and flues in the rooms above and below.
Step 5: During and after
Ventilation and flue termination matter to both households. Tell the neighbour if their fireplace is affected. Any damage caused by the work must be made good by the building owner.
Keep the old brickwork and any debris away from the party wall line, and protect the neighbour's side from dust. Agree in the award who will make good any plaster or decoration disturbed on their side. Getting that written down is much easier than arguing about it afterwards.
Frequently asked questions
Can I remove only the part in my loft?
Removing the breast in the roof space still cuts into the party wall, so treat it as notifiable.
Does the neighbour lose their fireplace?
Not necessarily, but flues can be affected. The award should address this.
Do building regulations apply too?
Yes, they are separate. Building control usually needs to approve the support.
Related guides
- Understanding Section 2 of the Party Wall Act: Existing Party Walls
- Party Wall Rules for Loft Conversions
- Party Wall Rules for Installing an RSJ (Rolled Steel Joist)
- Schedule of Condition: Why You Need One Before Building
Last updated: . This page is general information about the Party Wall etc. Act 1996 (England and Wales). It is not legal advice. Every property and dispute is different, so take advice from a party wall surveyor or a solicitor before you act.