Yes—usually. Under the Party Wall etc. Act 1996, the building owner is responsible for loss or damage that results from notifiable works. In many situations the building owner can make good (carry out repairs), and in others the adjoining owner can choose to receive money in lieu. The right answer depends on which section of the Act the works fall under, how urgent the remedy is, and what’s most practical for both sides.
Below is a clear, no-drama guide to your options, who decides what, and how to keep things fair and fast.
The legal facts
- General duty to compensate – s.7(2)
If works done “in pursuance of the Act” cause loss or damage, the building owner must compensate the adjoining owner. Compensation can be the reasonable cost of repair and directly related, evidenced losses (e.g., necessary redecoration contiguous with the repair, reasonable accommodation or loss of rent if unavoidable). - “Make good” for certain party-structure rights – s.2(5)
When exercising particular Section 2(2) rights (cutting in, cutting away projections, raising, underpinning etc.), those rights are subject to making good all damage to the adjoining premises and internal finishes. In practice: the building owner is expected to repair. - Payment instead of repair – s.11(8)
Where the Act requires the building owner to make good, the adjoining owner can require the cost of making good to be paid instead. This is useful where the adjoining owner prefers to appoint their own contractors, or if access/programme makes building-owner-led repair impractical.
Which route is best—repair or cash?
Building-owner-led repair can be best when:
- Scope is clear and modest.
- The same contractor can rectify swiftly and to a known standard.
- Coordination with ongoing works is sensible (e.g., matching materials on a live façade).
Payment in lieu can be best when:
- The adjoining owner wants control over finishes or timing.
- Access is awkward or relations are strained.
- The defect list is significant and easier to deliver via the adjoining owner’s contractor.
Either way, decisions should be prompt, proportionate, and documented so no one is kept in limbo.
Practical ground rules for building-owner-led repairs
- Like-for-like, no “downgrades”. Match materials, workmanship and extent.
- No unnecessary delay. Start and finish within reasonable timescales—avoid open-ended promises.
- Minimise nuisance. Reasonable hours, clean working, tidy reinstatement.
- No betterment unless unavoidable (e.g., a modern equivalent where the exact product is no longer available).
- Indirect loss: If the damage forces decanting or causes loss of rent, the reasonable cost/loss may be claimed where it flows from the works and is properly evidenced.
If there’s disagreement on scope, cost, or timing, the appointed surveyor(s) must settle it by award under Section 10. That keeps you out of court and moving forward.
Typical cost outcomes (what usually gets paid)
- Direct repair: materials + labour at reasonable local rates, plus necessary preliminaries.
- Making good finishes: not just the crack/fault line—also the practical blending area (e.g., redecorating a whole wall where spot-patching is unrealistic).
- Professional input where justified: e.g., structural advice for structural damage.
- Consequential loss: only where causally linked, necessary and evidenced (e.g., unavoidable short-term alternative accommodation, demonstrable loss of rent).
FAQs
Can the adjoining owner insist on money instead of building-owner-led repair?
Where the Act imposes an obligation to make good (e.g., certain Section 2 works), yes—the adjoining owner can require payment in lieu under Section 11(8). For other works, compensation under Section 7(2) still covers the reasonable cost of putting things right.
Who chooses the contractor if the building owner repairs?
Usually the building owner, but the method, quality and timing must be reasonable and consistent with any award and the Act. If trust or programme is an issue, payment in lieu is often the cleaner route.
What if the building owner denies liability?
If the matter concerns works “in pursuance of the Act,” the dispute must be determined by the appointed surveyor(s) via award. There’s a 14-day statutory right of appeal after service, but parties should use the Act’s mechanism first.
Can the adjoining owner claim for décor to a whole room?
Often yes where spot-patching would be visibly inferior; the test is what’s reasonable to restore the pre-existing appearance.
Is relying on the contractor’s insurance enough?
Insurance helps, but liability remains with the building owner under the Act. Don’t leave scope or timing to insurers; agree the remedy under the Act.
What if access for repairs is refused?
Section 8 provides lawful access with proper notice and conditions. If access is unreasonably blocked, the surveyor(s) can set terms in an award. In extremis, the Act even contemplates forced entry with police attendance to exercise rights lawfully—best avoided through clear arrangements.
Transparent, fixed pricing
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted).
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee, depending on complexity and number of notices/owners.
- Two-surveyor route (we act for the building owner): fixed-fee proposals from £325 for our side. (The adjoining owner’s surveyor often bills hourly; we work to keep those costs reasonable and contained.)
- Complex works (deep excavations, multi-owner blocks): we’ll still offer the fixed pricing as above!
- No surprises, no creeping extras. You’ll know the number before we start.
Bottom line
A building owner can repair damage—and in many Section 2 cases is expected to—but the adjoining owner may choose cash instead. The fair outcome is the one that restores the property promptly, properly and proportionately, with minimum nuisance. When in doubt, let impartial surveyors settle scope and quantum so everyone can move on.
Need fast, fair help with party wall damage?
We’ll set out the best remedy path, document it properly under the Act, and keep it swift, reasonable and budget-controlled.
Email: team@simplesurvey.co.uk
Simple Survey — calm heads, clear paperwork, quick resolutions.