When works next door go wrong, it can feel stressful and urgent. The good news: the Party Wall etc. Act 1996 gives a clear route to put things right—quickly and fairly—without jumping straight to costly litigation. Whether you’re the Building Owner or the Adjoining Owner, this guide explains what to do, who does what, and what it may cost.
First principles: how the Act deals with damage
- Statutory responsibility: Under Section 7(2), the Building Owner must compensate the Adjoining Owner for any loss or damage caused by work done under the Act.
- Make good or pay money: For certain party-structure rights (e.g., cutting in, raising, underpinning), Section 2(5) requires the Building Owner to make good all damage; and Section 11(8) lets the Adjoining Owner take a payment in lieu if they prefer money instead of remedial works.
- Surveyor-led resolution: Once damage is in dispute, the appointed party wall surveyor(s) must determine liability and quantum in an Award. That Award is binding unless appealed within 14 days.
Quick reality check: many issues resolve by agreement once responsibilities are explained and costs are evidenced. The Act is designed to make that outcome the default.
What to do—step by step
If you’re the Adjoining Owner
- Notify in writing: Briefly describe what’s gone wrong and the outcome you want (make good or compensation). Set a sensible date for a response so the matter can be treated as a dispute if it’s ignored.
- Keep records you already have: Photos, dates, contractor activity, and any communications. (No need to commission anything new at this stage.)
- Escalate via the Act: If you can’t agree, refer the damage to the appointed surveyor(s) to decide liability and the remedy.
If you’re the Building Owner
- Acknowledge promptly and ask for reasonable particulars (what, where, when, estimated cost).
- Consider swift offers: If liability is clear and works are modest, proposing to make good or offering a fair sum can end the dispute early.
- Use the mechanism: Where there’s disagreement, refer it to the surveyor(s) for a formal determination so everyone knows where they stand.
What outcomes look like
- Making good by the Building Owner’s contractor (with sensible conditions on timing and quality), or
- A money settlement reflecting a reasonable contractor’s cost, prelims, VAT (if applicable), plus related, proven losses (e.g., redecoration where appropriate).
- Costs order: The Award will also say who pays the surveyors’ fees for dealing with the dispute (usually follows the decision).
Transparent, fixed pricing (Simple Survey)
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted).
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee, depending on complexity and number of notices/owners.
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side. (The Adjoining Owner’s surveyor often bills hourly; we work to keep those costs reasonable and contained.)
- Complex works (deep excavations, multi-owner blocks): we’ll still offer the fixed pricing as above!
- No surprises, no creeping extras. You’ll know the number before we start.
FAQs
What if the Building Owner denies liability?
That’s exactly what surveyors determine under the Act. Provide your evidence and let the mechanism run—an Award will set out responsibility and remedy.
Can I choose money instead of repairs?
Often, yes. The Act allows a payment in lieu. Even where not explicit, compensation under Section 7(2) is normal where making good isn’t practical or desired.
Do I need a solicitor?
Usually not. The Act’s surveyor route is the intended path for damage linked to notified works. Consider legal advice only for injunctions, non-Act scenarios, or appeals.
Can the Award include time-related losses?
If you can prove a direct, reasonable loss caused by the notified works (and not double-recover elsewhere), surveyors can address it. Expect scrutiny and evidence.
Who picks up the surveyors’ costs for the damage dispute?
The Award decides—usually the party found responsible for the damage. If liability is mixed, costs can be apportioned.
What if we can’t agree on the surveyors’ fees?
Fees must be reasonable. If the two surveyors can’t agree, the Third Surveyor can determine them.
Don’t let damage derail your project (or your sanity)
Whether you need to make a claim or resolve one, Simple Survey will move you from “problem” to “paid or put-right” with minimal friction. We keep matters proportionate, evidence-based, and fast—so you can get on with your life (and your build).
Email: team@simplesurvey.co.uk
Send your address, a short note on the issue, and (if you have them) any drawings or photos. Prefer a call? Pop your number in the email—we’ll ring you back promptly.
Simple Survey — fast, fair, fixed-fee Party Wall help, nationwide.