Party Wall Act: Damage to Neighbour’s Property – What You Need to Know

When undertaking construction or renovation work on your property, especially if it involves shared or adjoining walls, it’s essential to understand your legal responsibilities under the Party Wall etc. Act 1996. This Act provides a framework for preventing and resolving disputes between neighbours when building work affects party walls, boundary walls, or excavations near neighbouring buildings.

One of the most common concerns under the Party Wall Act is damage to a neighbour’s property during or after the construction work. In this blog, we’ll explore what happens when damage occurs, your rights and responsibilities, how disputes are handled, and how to prevent such situations in the first place.

What Is the Party Wall etc. Act 1996?

The Party Wall Act is a piece of legislation that applies to England and Wales. It regulates building work that may affect a party wall (a wall shared with another property), boundary lines, or nearby structures.

Examples of work covered under the Act include:

• Building a new wall on the boundary

• Cutting into a party wall (e.g., to insert a beam)

• Raising the height of or demolishing a party wall

• Excavating near a neighbouring building’s foundations

Before such work begins, the property owner (known as the “building owner”) must serve a party wall notice to the affected neighbour(s), known as the “adjoining owner(s).”

Can Building Work Cause Damage to a Neighbour’s Property?

Yes. Even with all precautions, construction work carries the risk of damaging neighbouring structures—cracks in walls, movement in foundations, leaks, or structural weakening.

That’s why the Party Wall Act includes measures to protect adjoining owners and ensure that any damage is fairly assessed, documented, and compensated.

What Happens If Damage Occurs?

If damage to the neighbour’s property occurs as a result of the building work, the Party Wall Act outlines a clear process:

1. Pre-Work Survey (Schedule of Condition)

Before work begins, a Schedule of Condition should be carried out—this is a photographic and written record of the condition of the adjoining property. This survey protects both parties by documenting pre-existing issues and serving as evidence if damage is claimed later.

The Schedule of Condition is usually conducted by a party wall surveyor and is agreed upon by both the building owner and the adjoining owner.

2. Notification of Damage

If the adjoining owner believes that damage has occurred during or after the work, they must notify the building owner. Ideally, this is done in writing, with supporting photographs.

3. Inspection by Party Wall Surveyor

Once notified, the appointed party wall surveyor(s) will inspect the damage. If both parties have agreed on a single surveyor (“agreed surveyor”), they’ll make a fair determination. If each party appointed their own surveyor, the two will jointly assess the damage.

4. Award and Compensation

If the surveyor(s) determine that the damage is directly related to the works, they will issue a Party Wall Award. This will detail:

• The nature and extent of the damage

• Required repairs or remedial actions

• Financial compensation or repairs at the building owner’s expense

The building owner is legally obligated to comply with this award.

What If the Building Owner Refuses to Compensate?

If the building owner refuses to pay for the damage or ignores the surveyor’s award, the adjoining owner can pursue a claim in the county court. The court generally upholds party wall awards unless there's a procedural issue or evidence of unfair treatment.

It’s worth noting that party wall surveyors are legally appointed and impartial, and their awards are enforceable under the law.

How to Prevent Damage in the First Place

While compensation is possible, the best approach is always prevention. Here are a few tips to minimise risk:

1. Hire Qualified Professionals

Use experienced architects, engineers, and builders who understand the implications of working near or on party walls.

2. Serve Proper Notice

Serve the party wall notice in writing at least two months before the intended start of work (one month for excavation). Include full details and diagrams if needed.

3. Agree to a Schedule of Condition

Even if your neighbour waives the need for surveyors, a Schedule of Condition is crucial. It protects both parties and reduces the chance of dispute.

4. Appoint an Experienced Party Wall Surveyor

A surveyor will handle disputes, inspections, and awards. Even better if both parties agree on one neutral surveyor to simplify the process.

5. Maintain Communication with Your Neighbour

Keep an open line of communication. Respect and transparency go a long way in preventing legal conflicts.

Common Types of Damage Due to Party Wall Works

Here are some of the more typical types of damage reported:

• Cracks in plaster or brickwork

• Dislodged tiles or coping stones

• Damage to floors or ceilings due to vibration

• Water damage from disturbed pipes or rain ingress

• Subsidence or shifting of structural elements

Some damage may be minor and easily fixed, but even small cracks can escalate if not addressed early.

Who Pays for the Damage?

Under the Party Wall Act, the building owner is responsible for any damage directly caused by the building works. This includes:

• Cost of materials and labour for repairs

• Compensation if repair is not viable

• Legal fees if the matter goes to court

This is why it's wise for building owners to consider party wall insurance or check that their builder’s liability insurance covers neighbouring property damage.

Can I Claim for Damage If No Notice Was Served?

Yes. If your neighbour carried out notifiable work under the Party Wall Act and did not serve a notice, and your property was damaged as a result, you can still claim damages. Additionally, they may have acted unlawfully by proceeding without notice.

You may need to seek legal advice and initiate proceedings in court if the situation isn’t resolved informally.

Summary: Key Takeaways

• The Party Wall Act protects neighbours from damage during construction involving shared or nearby structures.

• A Schedule of Condition before work begins is vital to documenting pre-existing conditions.

• If damage occurs, surveyors assess it, and the building owner is typically liable for repairs or compensation.

• Open communication and proper planning can prevent disputes and costly mistakes.

• Legal action is available if the Act is ignored or compensation is refused.

Damage to a neighbour’s property during construction can lead to serious disputes, but the Party Wall etc. Act 1996 provides a clear legal pathway to manage these situations. As a building owner, your best approach is to act transparently, follow the correct procedures, and ensure professional advice is part of your project from day one. For adjoining owners, understanding your rights helps you protect your home and respond effectively if things go wrong.

Whether you're planning work or responding to it, a qualified party wall surveyor is your most valuable ally in navigating this legal territory with minimal stress and cost.

For more information you can call Express Party Wall Surveyor at 020 3633 0823 or contact us