Party Wall Works Gone Wrong: What Happens When Damage Occurs?

When building or renovation works are carried out near or on a shared wall, things don’t always go to plan. If you’re a property owner (or a neighbour), it’s important to understand what happens when damage results from works undertaken under the Party Wall etc. Act 1996 — and more importantly, who is responsible.

What Is the Party Wall Act?

The Party Wall etc. Act 1996 is a piece of legislation designed to prevent and resolve disputes between neighbours when building work affects a party wall, boundary wall, or certain types of excavation near neighbouring properties. It requires notice to be served and, where there’s disagreement, allows for the appointment of surveyors to resolve matters.

Common Types of Damage

Despite following the legal procedures of the Act, damage can and does occur. Typical examples include:

• Cracks in plaster or brickwork

• Damage to tiling or decorative finishes

• Water ingress or dampness

• Structural movement

• Vibration-related issues

Such damage may arise during underpinning, demolition, or even relatively minor works like cutting into the wall for beams.

Who Is Liable?

The building owner — the person undertaking the works — is legally responsible for any damage caused to an adjoining owner’s property as a result of those works. This liability exists whether or not the damage was due to negligence. Under section 7(2) of the Act:

“The building owner shall compensate any adjoining owner and any adjoining occupier for any loss or damage which may result to any of them by reason of any work executed in pursuance of this Act.”

The Role of the Party Wall Surveyor

If a Party Wall Award has been made (the formal agreement between the parties), it usually includes a Schedule of Condition — a detailed photographic and written record of the neighbouring property before works begin. If damage is later reported, surveyors refer back to this document to determine whether the works caused the issue.

In cases where damage is agreed upon, the surveyors will determine the appropriate remedy. This could be:

• A financial payment to the adjoining owner

• A requirement for the building owner to make good the damage

• Or, in rare cases, a combination of both

Surveyors may continue to be involved to oversee repairs and ensure they are done to an acceptable standard.

What If There Was No Party Wall Notice?

If works are carried out without serving the correct notices under the Party Wall Act, the building owner could find themselves in a much worse position. Not only might they be liable for damages, but they may also face legal action for trespass or nuisance, and may be ordered to stop works or undo unauthorised work.

How to Protect Yourself

For Building Owners:

• Always serve notice before starting work.

• Appoint a qualified Party Wall surveyor (even if works seem minor).

• Make sure a Schedule of Condition is done and signed.

For Adjoining Owners:

• Do not ignore notices.

• Consider appointing your own surveyor (you won’t have to pay their fee).

• Keep photographic records of your property before and after works.

Final Thoughts

The Party Wall etc. Act 1996 is there to protect both parties. Damage can be stressful and costly, but with the right procedures in place — and by involving qualified and experienced surveyors — issues can be resolved fairly and efficiently. Ignoring the process can turn a simple home improvement into a full-blown legal dispute.