When building works take place next door, the Party Wall etc. Act 1996 is your safety net. If the works were properly notified (and, where required, a Party Wall Award was served), you already have a clear legal route to deal with damage—without having to plunge straight into an expensive civil dispute.
Here’s how the process works, what to expect, and how costs are typically handled.
First principles: the Act protects you
The Act allows a Building Owner to carry out notifiable works (for example, cutting into a party wall or excavating within specified distances), but it also puts firm responsibilities on them. Chief among these: they must avoid unnecessary inconvenience and are responsible for loss or damage caused by those notifiable works. A Party Wall Award—prepared by an agreed surveyor or two appointed surveyors—sets the ground rules for how the works are carried out and provides a ready-made mechanism to resolve problems if they arise.
If an Award is in place, you don’t need to “start again” legally; you use the Award and the surveyor(s) to fix the issue.
Step 1: Tell the surveyor promptly
If you notice cracking, water ingress, movement, or any other change you believe is linked to the notifiable works, notify the party wall surveyor named on the Award straight away. A short email or letter that describes the location, the timing (when you first noticed it), and any change since is enough to get the ball rolling. Copy the Building Owner (your neighbour) so everyone sees the same facts at the same time.
Prompt reporting helps the surveyor decide whether immediate protective measures are required and keeps the matter firmly within the Act’s dispute-resolution framework.
Step 2: Try the straightforward route first
The Act encourages practical, neighbourly solutions. Often the quickest outcome is for the Building Owner to agree, via the surveyor, to put things right using an appropriate contractor. If you prefer to use your own trusted contractor, discuss this with the surveyor—many Awards allow either “making good” by the Building Owner or a payment in lieu so you can instruct the repair yourself.
The surveyor’s job at this stage is to keep matters proportionate, ensure the damage is addressed promptly, and maintain fairness to both sides.
Step 3: If agreement stalls, expect a further award
If you and the Building Owner cannot agree on liability, scope, cost, or timing, the surveyor(s) will determine it. This is done through a further (or “damage”) award under the Act. That document will set out:
- Whether the reported issues are deemed to have been caused by the notifiable works
- What must be done to remedy them (repair specification or payment in lieu)
- The amount of money to be paid (if applicable) and by whom
- Any reasonable professional fees or out-of-pocket expenses linked to resolving the damage issue
- The timetable for compliance and any site protocols needed to complete the remedial work
Once served, that award is binding unless appealed in the county court within the statutory time limit.
What costs are typically recoverable?
The guiding principle is that you should be put back, fairly and reasonably, to the position you would have been in but for the notifiable works. In practice, that usually means one of two outcomes:
Making good
The Building Owner arranges and pays for repairs to an acceptable standard, within a reasonable timeframe, under the surveyor’s oversight.
Payment in lieu
You receive a sum of money that fairly reflects the cost of repair so you can appoint your own contractor. Where appropriate, reasonable professional fees and evidenced incidental costs (for example, temporary protection or urgent measures) can be included.
The surveyor(s) will keep things proportionate. Inflated quotes or speculative claims won’t be upheld; equally, underestimates that leave you out of pocket won’t be accepted either.
Timing matters—don’t let issues drift
Damage should be reported as soon as reasonably practical after discovery. Delay can complicate causation and may make interim protective steps more urgent or more expensive than they needed to be. Early engagement also reduces stress: the surveyor can triage the situation, agree temporary measures if required, and then set about determining the long-term fix.
What if there’s no Party Wall Award?
If works that required notice were carried out without following the Act, you still have rights—but your route is through common law (negligence, nuisance, trespass) rather than the Party Wall procedure. That can be slower and costlier for everyone. If works have begun without notice, you should immediately ask for notices to be served and the proper process brought into play. The sooner the Act is engaged, the sooner you regain the structured protections it provides.
Fairness cuts both ways
It’s worth remembering that the Act is designed to enable lawful building while protecting neighbours. Surveyors appointed under the Act must act impartially. Their task is not to “take sides” but to determine what happened, what is reasonable to put it right, and who should pay for what—based on the law and the facts.
Quick checklist if you spot damage
- Report it to the named party wall surveyor promptly and copy the Building Owner.
- Describe it simply—what, where, when you noticed it, and whether it’s changed.
- Follow the process the surveyor sets out; if agreement is reached, repairs proceed.
- If not, the surveyor will issue a further award dealing with scope and cost.
- Once served, the award is binding unless appealed—repairs or payment should follow.
Need help right now?
Simple Survey resolves party wall damage issues quickly, fairly, and cost-effectively across England and Wales. Whether you’re a Building Owner or an Adjoining Owner, we’ll guide you through the Act, liaise with all parties, and—where necessary—issue a clear damage award so the matter is settled and remedied.
Email team@simplesurvey.co.uk for fast assistance and a transparent fixed-fee proposal.