Finding new cracks, leaks or movement next door to notifiable works is unnerving—but try not to panic. The Party Wall etc. Act 1996 (and any Award made under it) gives a clear, enforceable framework to sort damage quickly and fairly. Here’s how to use it—without turning your project or home life upside down.
1) Notify swiftly and in writing
As soon as you spot suspected damage, tell the Building Owner and the Party Wall Surveyor(s) in writing. Keep it factual: what you’ve seen, where, when, and any immediate risk (e.g., water ingress). Attach date-stamped photos and short video clips. Prompt notification helps everyone act before issues escalate.
Tip: If access is safe, add a simple measurement (length/width of a crack) and note whether it’s growing. Keep a diary of dust, vibration, or water events.
2) Have the surveyor validate the damage
Next, the appointed surveyor(s) will validate whether the issue is attributable to the notifiable works—either by inspection or, for minor items, by professional review and discussion. Their job is to remain impartial, compare the current condition with what was known pre-works (and with the described methodology), and confirm liability and scope.
Validation answers two practical questions:
- Is the item caused by the notifiable works (and therefore within the Party Wall process)?
- What making-good is appropriate (method and standard) or, if preferred, what cash settlement is reasonable?
3) Obtain a contractor’s costed proposal
Once the item is validated, the sensible route is to obtain a contractor’s priced quotation to make good on a like-for-like basis and to an equivalent standard. Where appropriate, include:
- Access, protection, and preliminaries
- Materials and finish (to match existing)
- Any necessary professional input (e.g., decoration sequencing after drying out)
If you prefer a payment in lieu (a cash settlement rather than physical repairs), the figure should still be supported by a detailed quotation so it’s objective and checkable.
4) Send the cost to the Building Owner and allow 14 days
Provide the costed proposal (and any supporting notes) to the Building Owner, copying in the surveyor(s), and offer 14 days to accept or set out specific points of dispute. This keeps the process moving and demonstrates reasonableness.
Outcomes at this stage often include:
- Agreement to make good (repairs carried out by their contractor to an agreed spec and finish);
- Payment in lieu so you engage your preferred contractor; or
- Partial agreement with narrow points still to resolve (scope, price, access, timing).
5) If disputed, it becomes a surveyor matter—and is determined by Award
If the sum or scope is disputed, it becomes a Section 10 dispute for the Party Wall Surveyor(s) to determine. They’ll consider causation, necessity, method, rates and a fair allowance for preliminaries. The decision is set out in a further Party Wall Award (often called a damage Award) that:
- Confirms what must be done (or what sum must be paid),
- By whom, and by when,
- And may deal with fees reasonably incurred in resolving the damage.
Enforcing the outcome
If the Building Owner doesn’t comply with the Award (e.g., doesn’t pay the awarded sum), you can enforce the Award via the courts. Because a Party Wall Award is a binding determination under statute, judges treat it seriously; you’re not starting from scratch—you’re seeking enforcement of a decision already made.
Practical dos and don’ts
- Do keep communication civil and focused on facts and solutions; it protects your position and shortens timelines.
- Do keep copies of all correspondence, quotes and photos.
- Don’t instruct invasive works to your property without coordinating with the surveyor(s); agree the remedy first so there’s no argument later.
- Don’t accept “we’ll see at the end” if the issue is significant; early agreement avoids bigger repairs and bigger bills later.
Simple Survey: fast, fair, and cost-effective damage resolution
If damage has appeared—or you just want an expert to steady the wheel—our RICS-qualified team will guide you through validation, costing and, if needed, a speedy damage Award. We keep the process measured, impartial and neighbourly, while protecting your rights under the Act.
Our ultra-low, transparent pricing:
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted)
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee (depends on complexity and number of notices/owners)
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side (we work to keep your neighbour’s surveyor’s hourly fees reasonable and contained)
Strong call to action
Seen damage? Don’t let it drag on. Email photos and your address to team@simplesurvey.co.uk. We’ll confirm next steps, outline a fixed-fee plan, and—where needed—move efficiently to a damage Award you can rely on.