Party Wall etc. Act 1996 (The Act) - Damage to Neighbours Property

A party wall is a wall that separates the land of two different Owners, and sits at or astride the boundary between those two properties, to a greater extent than a projecting foundation.

A Party fence is a wall that could be a masonry garden wall between back gardens owned by different Owners the building owner and adjoining owner.

An example of a party wall is a structural wall in your property, where your neighbours house also shares the same wall, for example, if you live in a semi-detached property this will be the dividing wall. 

The boundary line between two properties however is often not defined, when being dealt with by Party Wall Surveyors.

Party Wall Surveyors have no responsibility under the Act to state where the exact boundary is, between two properties.

If you want to carry out significant work or construction to a party structure, or party fence wall, or excavate to prescribed distances and depths measured horizontally from the party wall / party fence wall, under the Act you must inform the adjoining owner in writing at least one or two months before the work is due to start.

Who is Responsible for Party Wall Damage?

Party wall works can often cause physical damage to the adjoining property, to surface finishes, or sometimes also to walls and floors. According to the Act the party undertaking the building work is responsible for either compensating the relevant Adjoining Owner or repairing any damage that was caused to the adjoining owner’s property, which was deemed to have been caused by undertaking works covered by the Act.

Chimney breast removal, basement excavations or underpinning are high risk notifiable works under the Act.

If you, as an Adjoining Owner, do not allow reasonable access to your property for the purposes of compiling a Schedule of Condition, you would find it almost impossible to substantiate any claims of damage to your property.

A schedule of condition is essential for notifiable works being covered by the Act under sections 1,2,3 and 6.

In normal circumstances, the party wall surveyors will examine the property again after the work has been completed and make note of any damage that is likely to have occurred during the works that are described in the Party Wall Award.

They will base their post – works inspection on the original party wall agreement and schedule of condition. The adjoining building owners do not need to take separate legal action, as the dispute resolution process for dealing with damage is set out in the Act itself.

An adjoining owner can, if they suspect that damage has been caused during the project, call the party wall surveyor in to check the property before the building work is completed.

This may be the case if the damage is likely to worsen or has the potential to cause harm to residents. It is comparatively unusual for the level of damage to warrant a property needing to be decanted of its residents.

To obtain a quotation for Party Wall Works Click Here