Are you a neighbour concerned about potential damage from upcoming construction works, or a building owner planning a home renovation? Whether you’re starting a new project or responding to one, it’s natural to worry about the possibility of damage during construction. The Party Wall Act 1996 provides guidelines on who’s responsible and how to handle any damage caused during notifiable works. Let’s break it down.
What Counts as Notifiable Construction Work?
Under the Party Wall Act, “notifiable works” refer to certain types of construction that require notification to your neighbours. These are works that could affect the structural integrity of a shared party wall, lead to damage to a neighbouring property, or cause significant disruption.
So, what exactly falls under “notifiable works”? In simple terms, notifiable works are any construction activities that:
- Impact the structural strength or support of a party wall or structure
- Cause potential damage to a neighbouring property
- Lead to significant inconvenience for your neighbour
Examples of Notifiable Work
There are three primary categories of notifiable works under the Party Wall Act:
- Section 1: Building new walls on or at the boundary line.
- Section 2: Construction on or to an existing party wall, structure, or party fence wall.
- Section 6: Excavation and construction near a neighbouring property.
For example, if you’re inserting a steel beam into a party wall, excavating within a certain distance of a neighbouring structure, or cutting off a chimney breast, these activities fall under notifiable works. If the work doesn’t fall under one of these sections, it’s not deemed “notifiable,” and you don’t need to serve a notice.
Who’s Responsible for Damage?
If damage to your neighbour’s property occurs as a result of your notifiable work, the building owner (you, if you’re the one doing the work) is responsible for repairing the damage or compensating your neighbour for the repairs.
To ensure the damage claim is valid, it’s important to allow your neighbour’s surveyor to access the property for a photographic schedule of condition. If damage occurs, the adjoining owner has the right to ask a surveyor to assess the situation. If the damage is genuine, the building owner (you) will be held responsible for the surveyor’s fees.
The Process for Dealing with Damage
If damage occurs, the Party Wall Act outlines a process for dispute resolution. While you can attempt to resolve the issue directly with your neighbour (which can save time and money), if this doesn’t work, a party wall surveyor will step in. The surveyor will:
- Assess the extent of the damage
- Determine whether the damage was caused by the construction work
The goal is to avoid legal action, as the dispute resolution process through surveyors is much more cost-effective.
Can I Repair the Damage or Do I Have to Pay?
You might be thinking, “Can my builder just fix the damage?” In some cases, this might be appropriate, but it’s essential to approach this with caution. If you offer to repair the damage, your neighbour may not be happy with the result, leading to further disputes.
Instead, consider offering a monetary settlement to your neighbour so they can hire their own contractor to resolve the issue. This can help prevent any disagreement over the quality of repairs and ensure they’re satisfied with the final outcome.
Insurance for Notifiable Works
As the building owner, you’re responsible for any damage caused by your construction work. However, if your builder is at fault, you can pursue them for the costs. To protect yourself, make sure your builder has the appropriate insurance coverage before starting the work. This can save you from potential financial headaches if damage occurs.
Ready to Navigate the Party Wall Act?
Handling potential damage to a neighbour’s property during construction doesn’t have to be complicated. With the right approach, proper documentation, and expert guidance, you can avoid disputes and keep your project running smoothly.
If you’re looking for expert advice or need help with your Party Wall Notice or dispute resolution, Simple Survey is here to guide you. Our experienced surveyors ensure compliance and help resolve any issues efficiently. Contact us today to ensure your construction project stays on track without unnecessary complications.