Party Wall Damage: What Happens If My Home Is Damaged?

Few things worry a homeowner more than a new crack appearing in the wall they share with a neighbour who is mid-way through building work. If you are an Adjoining Owner facing party wall damage, the good news is that the Party Wall etc. Act 1996 gives you clear protection and in most cases the remedy is calm, practical and straightforward to put in place. This guide explains what the Act says, how damage is assessed and how it is put right.

The short answer

If notifiable work under the Party Wall etc. Act 1996 damages your property, Section 7(2) of the Act stipulates that the Building Owner must compensate you for any loss or damage resulting from that work. The damage is usually assessed by the party wall surveyors against the Schedule of Condition, and under Section 11(8) you may choose to receive a payment for the cost of making good instead of having the Building Owner's contractor carry out the repairs.

What does the Party Wall Act say about damage?

The Act places a clear responsibility on the Building Owner. Three provisions do most of the work.

• Section 7(1) stipulates that the Building Owner must not exercise any right under the Act in a way, or at a time, that causes unnecessary inconvenience to an adjoining owner or occupier.
• Section 7(2) stipulates that the Building Owner must compensate any adjoining owner and any adjoining occupier for any loss or damage which may result to them by reason of work executed in pursuance of the Act.
• Section 2(5) provides that where there is an obligation to make good damage under Section 2, it extends to all damage occasioned by the work to the adjoining premises or to their internal furnishings and decorations.

In plain terms, if the work was carried out under the Act and it caused the damage, the Building Owner is responsible for putting it right. You do not have to show that the contractor was careless.

How is party wall damage proved?

Damage is proved by comparing the condition of your property before and after the works. That is why the Schedule of Condition matters so much.

Before work starts, the surveyor records the condition of the relevant parts of your home in writing and photographs, noting existing cracks, stains and defects. When the works are complete, the surveyors revisit and compare. A new crack, or an existing one that has clearly widened, can then be identified with confidence. We explain this record in more detail in our article on why a Schedule of Condition protects everyone.

Without a proper record, the discussion can quickly become one person's memory against another's, which helps no one.

What counts as damage?

Typical examples include new or widened cracks in plaster, cracked tiles, doors that have started to stick, damaged decorations, debris or water ingress and in more serious cases structural movement. Minor hairline cracking in plaster is not unusual where work is carried out to a shared wall in an older terrace and it is usually simple to repair.

Who decides how party wall damage is put right?

Where a dispute has arisen under Section 10 and surveyors have been appointed, they remain able to deal with matters arising from the works. If damage occurs, the Agreed Surveyor, or the two appointed surveyors acting together, can inspect, decide whether the damage was caused by the notifiable work and make a further Award setting out how it should be made good or what payment should be made.

This is one of the real benefits of the process. You do not need to start legal proceedings to have damage looked at. The surveyors are already in place and must act impartially, whoever appointed them.

Can I choose a payment instead of repairs?

Yes. Section 11(8) of the Act gives the Adjoining Owner the right to require that the cost of making good is determined under Section 10 and paid to them, in place of the Building Owner carrying out the work. Many Adjoining Owners prefer this, as it lets them use their own decorator or builder at a time that suits them.

What should I do if I notice damage during the works?

Act promptly and keep things factual. A sensible approach is:

• Photograph the damage with the date, and measure any cracks if you can.
• Tell your surveyor straight away, or the Agreed Surveyor if one was appointed.
• Let the Building Owner or their contractor know, so that any ongoing cause can be stopped.
• Avoid carrying out permanent repairs before the surveyors have inspected, unless urgent work is needed to keep your home safe or weathertight.

Most damage is dealt with at the final inspection, once the works are finished and any settlement has occurred. Repairing cracks part way through a job often means repairing them twice.

What if my neighbour did not serve a party wall notice?

If no notice was served, the Act's procedures, including the Award and the surveyors' ability to determine damage, do not apply in the usual way. You would generally need to rely on your rights at common law, such as nuisance or trespass, which is often slower and more costly. Our article on building without a Party Wall Agreement explains where that leaves both owners.

Frequently asked questions

Do I have to pay for my own surveyor if damage occurs?

Generally, no. The Building Owner normally pays the reasonable costs of the surveyors under the Award, including inspecting and dealing with damage caused by the works. Our guide to party wall surveyor fees explains how this usually works.

Is there a time limit to report damage?

The Act does not set a specific deadline for reporting damage, but you should raise it as soon as you notice it. The sooner damage is reported, the easier it is to link it to the works.

What if I disagree with the Award on damage?

Under Section 10(17), either owner may appeal an Award to the county court within 14 days of it being served. Appeals are uncommon and legal advice should be taken first.

Can the Building Owner be asked for security against damage?

Section 12 of the Act allows an Adjoining Owner to request security for expenses before certain works start. If the owners cannot agree on whether security is reasonable or how much, the surveyors determine it.

Speak to a Chartered party wall surveyor in North London

Hudson Party Wall Surveyors is a Chartered, RICS-regulated practice based in North Finchley, acting for Building Owners and Adjoining Owners across North London. If you are concerned about party wall damage, or you have received a notice and want your home properly protected before work begins, we can help. Call Simon on 020 3488 7747 or email simon@hudsonpartywallsurveyors.co.uk.