Let’s say your neighbour is undertaking construction work, and during the process, your property is damaged. Construction can be noisy, messy, and disruptive, so it’s not uncommon for accidents to occur. But the real question is: how do you determine who’s at fault, and more importantly, who should cover the repair costs?
Who Is Responsible for Damage to My Property Under the Party Wall Act?
The good news is that this is pretty straightforward. Under the Party Wall Act, the building owner—the person carrying out the construction work—is responsible for paying for any damage caused to the adjoining owner’s property as a result of their notifiable works. It’s that simple.
What Should I Do If I Suspect My Property Has Been Damaged?
If you believe that the construction work has caused damage to your property, you should contact your neighbour as soon as possible to notify them. Ideally, ask them to repair the damage—perhaps through their builder, which might be convenient since they’re already on-site. However, if you’d prefer to manage the repairs yourself, you can request compensation to hire your own builder.
At this stage, you don’t necessarily need to involve a surveyor. However, if you and your neighbour can’t agree on how to handle the situation or if it becomes difficult to get the issue resolved, this is when you may need to call in a party wall surveyor. The surveyor will assess the damage and determine if it’s directly related to the construction work. They can then help facilitate the repairs or work out an appropriate compensation amount.
What If My Neighbour Refuses to Repair the Damage?
If a Party Wall Award was agreed upon before work started, you should get in touch with the surveyors who prepared the Award. You can then appoint your own surveyor to help manage the damage claim on your behalf. The surveyors will collaborate to assess the cause of the damage and will either arrange for the building owner to carry out the repairs or compensate you for them.
In most cases, this process resolves the issue. However, if the building owner still refuses to repair the damage, a mediation process may be required. A neutral mediator can help both parties discuss and reach a fair resolution.
If mediation doesn’t work (which is uncommon), you may need to seek legal advice on whether to take the dispute to court. However, pursuing legal action is costly and stressful, so it should only be considered as a last resort.
What if My Neighbour Didn’t Serve a Party Wall Notice and Damaged My Property?
If you’ve received a party wall notice from your neighbour, remember that responding in writing is crucial. It ensures that you have the option to appoint your own surveyor if there are any disputes.
However, if your neighbour didn’t serve you with a party wall notice and your property was damaged, the situation changes. They are still responsible for covering the cost of repairs, and if they dispute this, they will likely face significant costs. Courts generally don’t look kindly on building owners who carry out work without serving the proper notice, only to cause damage to their neighbour’s property.
One of the landmark cases for this issue was Roadrunner Properties Ltd v Dean & Anor, where the court made it clear that the burden of proof falls on the building owner to prove that the damage wasn’t caused by their works. Essentially, if the building owner did not follow proper procedures, including serving the notice, they will be held accountable for the damages.