The Party Wall etc. Act 1996 is an essential piece of legislation in England and Wales that governs construction or renovation work involving shared or adjoining walls between properties. While the Act aims to prevent disputes, damage to party walls during building work can still occur. Understanding how party wall damage is managed—and who is responsible for the costs—is crucial for property owners, surveyors, and contractors.
This guide explains the process for dealing with party wall damage and clarifies financial responsibilities under the Act.
What is the Party Wall etc. Act 1996?
The Act regulates work affecting:
- Party walls: Walls that separate two properties
- Floors or ceilings between flats
- Boundary walls and excavations close to neighbouring structures (within 3 to 6 metres)
It provides legal protections and duties for both the building owner (carrying out the work) and the adjoining owner.
Common Causes of Party Wall Damage
Damage to party walls can occur due to:
- Structural alterations: Cutting into walls to insert beams or supports
- Excavations: Weakening foundations near the wall
- Vibrations: Heavy machinery used during construction
- Poor workmanship: Improper repairs or changes to the wall
- Accidents: Unintentional damage caused by workers or equipment
How to Deal with Party Wall Damage
- Notify the Building Owner
If damage occurs, the adjoining owner must promptly inform the building owner, providing evidence such as photos of the damage. - Involve the Party Wall Surveyor(s)
Surveyors assess the damage, determine its cause, and protect the interests of both parties impartially. - Agree on Repairs
Once liability is established, the surveyors specify the necessary repairs. Generally, the building owner is responsible for carrying out and paying for the repairs. - Execute the Repairs
The building owner hires contractors to complete the repairs according to the surveyor’s instructions. The adjoining owner can request updates or supervise to ensure the repairs are done to an acceptable standard.
Who Pays for Party Wall Damage?
In most cases, the building owner responsible for the construction work must cover:
- Repair costs to restore the wall
- Compensation for inconvenience or additional expenses (in some cases)
Exceptions:
- Pre-existing damage (before work began) is not the responsibility of the building owner.
- If the adjoining owner cannot prove that the damage was caused by the building owner’s work, they may bear the cost.
The Role of Party Wall Surveyors in Damage Resolution
Surveyors play an essential role by:
- Inspecting and assessing the damage
- Establishing liability based on evidence
- Overseeing or specifying repairs
- Mediating disputes and issuing binding Party Wall Awards
What If the Building Owner Refuses to Pay?
If the building owner refuses to cover the repair costs, the adjoining owner can:
- Enforce the Party Wall Award through the courts
- File a civil claim for damages
Courts typically side with the adjoining owner when it is proven that damage resulted from the building owner’s work.
Preventing Party Wall Damage
To reduce the risk of damage:
- Appoint experienced party wall surveyors
- Use skilled contractors familiar with party wall regulations
- Implement protective measures such as vibration dampening and reinforcements
- Maintain open communication with your neighbours
Key Tips for Adjoining Owners
- Monitor the work regularly to catch any issues early
- Report any damage promptly to the building owner
- Consider appointing your own surveyor if you suspect bias or feel the appointed surveyor is not acting impartially
Conclusion
Party wall damage can be challenging, but the Party Wall etc. Act 1996 provides a clear framework for managing disputes and liability. In general, the building owner is responsible for covering repair costs caused by their work—unless the damage was pre-existing or unproven.
By involving qualified surveyors, thoroughly documenting conditions, and communicating clearly, both building and adjoining owners can protect their interests and ensure a smoother construction process.
📩 Need help with Party Wall matters or dealing with potential damage?
Contact us at team@simplesurvey.co.uk for expert guidance and support.