The short answer
Usually, yes — it is notifiable. A chimney breast is typically built into the party wall, so removing it, and supporting what remains above, is work to the party wall under section 2 of the Party Wall etc. Act 1996. You will generally need to serve a party structure notice under section 3, two months before starting, on the adjoining owner. This applies even with planning permission or permitted development.
Why it matters
Chimney stacks and breasts are often shared within the party wall, so removing your breast can affect support for the masonry above and for your neighbour’s breast or flue. The usual methods — gallows brackets or a steel beam to carry the retained stack — involve cutting into and bearing onto the party wall, which is squarely within section 2. Take a breast out on a lower floor while leaving the stack above, and that stack must be properly supported or your neighbour’s chimney could be affected. Where a whole shared stack is being removed, the neighbour needs to be involved directly. The award sets out the support method, making good and a schedule of condition.
What to do now
- If a surveyor is needed, use one. Both owners can appoint a single impartial ‘agreed surveyor’ rather than one each — quicker, cheaper and less adversarial. Coburns recommends a single agreed surveyor wherever possible.
- Get a structural design for the support (gallows brackets or a beam).
- Confirm whether the chimney or stack is shared with the neighbour.
- Serve a party structure notice two months before work starts.
- Make sure a schedule of condition is taken, and the support method is set out in the award.
Common mistakes
- Treating it as a “minor internal job” and skipping the notice.
- Removing a breast and leaving the stack above inadequately supported.
- Ignoring the effect on the neighbour’s flue or breast.
- Not recording the condition of the neighbouring property first.
When to call Coburns
Send us your structural drawings and we will confirm what is notifiable, serve the notice free of charge, and make sure the support and making good are properly covered in the award.