If damage is identified, the surveyor will record it in a Schedule of Damage and pass it to the building owner for review.
- If the building owner accepts responsibility, discussions move on to the cost of repairs or compensation.
- If responsibility is disputed, the matter can be referred to the appointed surveyor(s) for a formal decision.
Even when responsibility is accepted, disagreements often arise over the level of compensation. These disputes may also be referred to the surveyor(s), which can lead to additional fees.
Does the Act Cover it?
Two important sections of the Party Wall etc. Act 1996 deal with damage caused by works:
- Section 7(2): The building owner is liable for any loss or damage caused by their works.
- Section 11(8): Depending on the type of works, the adjoining owner may choose to receive financial compensation instead of repairs — and this is usually the preferred option.
How Costs Are Determined
The general principle is that the adjoining owner’s property should be restored to the condition it was in before the works began. However, this is not always straightforward. For example:
- If a wall already had several cracks and the works caused one more, the need for full redecoration may not be considered urgent. In such cases, the adjoining owner might receive a contribution toward future redecoration rather than full costs.
- The extent of redecoration after repairs can also be disputed. A wall cannot reasonably be left with paint patches, but that doesn’t always mean the entire room must be repainted. The outcome often depends on how easily the finish can be matched. With modern paint-matching services, slight differences are usually unnoticeable across different walls.
✅ At Simple Survey, we ensure that damage claims are handled fairly and in line with the Act. Our role is to protect both parties, assessing any issues impartially, and resolving disputes efficiently.