When carrying out construction works that affect a party wall, it’s only fair to assume that any damage caused to your neighbour’s property should be your responsibility to fix. After all, you’re the one who initiated the works. However, the Party Wall Act 1996 introduces some nuances regarding the extent of your responsibility to make good the damage. Let’s break it down.
When Does the Building Owner Have an Obligation to Repair Damage?
Under the Party Wall Act, the Building Owner (the person carrying out the works) is generally obligated to repair damage caused by certain notifiable party wall works. These include activities such as:
- Underpinning a party wall.
- Demolishing and rebuilding party wall structures (e.g., garden walls, chimney stacks, roof parapets).
- Insertion of steel beams into a party wall.
- Removal of projections on a party wall, such as a chimney breast.
- Cutting back any overhanging structures on a neighbour’s property (e.g., gutters, roof eaves).
However, the Act does not require the Building Owner to repair damage resulting from other types of works, including adjacent excavations under Section 6. For example, if excavation or piling near a neighbour’s property causes movement or cracks, then financial compensation is typically the remedy, rather than a direct repair. This is dealt with under Section 7(2) of the Act.
The Preferred Solution: Making Good the Damage
For many Building Owners, the preferred option is to make good the damage themselves, as it offers more control over the quality of the repair work. However, this method can sometimes raise issues, especially when the neighbour is not happy with the quality of the builder’s work – particularly if the damage was caused by that same builder.
For instance, imagine your contractor’s work has caused damage to your neighbour’s property, and now the neighbour refuses to let your builder carry out the repairs. This often happens when the neighbour has lost trust in the builder’s ability to properly fix the damage. In such cases, the neighbour may prefer an alternative solution.
Can the Building Owner Insist on Their Contractor Making Good the Damage?
The short answer is no – the Building Owner cannot insist that their contractor carry out the repairs if the neighbour refuses. If there’s a breakdown of trust or the neighbour feels that the damage can’t be adequately fixed by the original contractor, alternative arrangements need to be made.
What Happens if There’s a Dispute?
While damage can often be resolved amicably between neighbours, disputes sometimes arise, especially if the neighbour feels the repairs won’t be carried out to an acceptable standard. If a resolution can’t be reached, the appointed Party Wall Surveyors (or a Joint Surveyor, if both parties agree) will step in to determine the scope of the repairs, the time frame, and whether financial compensation is needed to address the damage.
We regularly encounter situations where a neighbour doesn’t want the Building Owner’s contractor to make the repairs due to a loss of trust. In these cases, our role is to help facilitate a fair resolution that works for both parties – ensuring the repairs are completed to a satisfactory standard, or agreeing on a financial compensation if appropriate.
Final Thoughts
The Party Wall Act is designed to balance the interests of both the Building Owner and the Adjoining Owner. While the Building Owner is generally responsible for repairing any damage caused by notifiable works, these repairs don’t have to be done by the same contractor that caused the issue. If there’s a dispute over how to make good the damage, it’s the appointed Party Wall Surveyor’s job to mediate and agree on the most appropriate solution, whether that’s repair or financial compensation.
For further guidance or to discuss any Party Wall concerns, please get in touch with team@simplesurvey.co.uk.