Discovering damage to your property caused by your neighbour's building work can be distressing. But you have strong legal protections under the Party Wall etc. Act 1996. This comprehensive guide explains your rights, how to claim compensation, and the exact steps to take if your property is damaged during party wall works.
Your Legal Rights When Damage Occurs
Under Section 7(2) of the Party Wall Act 1996, you have the absolute right to compensation if your property is damaged as a result of party wall works. This includes:
- Full repairs: All damage must be made good to pre-work condition
- Financial compensation: For loss of use, inconvenience, and diminution in value
- Alternative accommodation costs: If your property becomes uninhabitable
- Professional fees: Surveyor and legal costs associated with the claim
- Consequential losses: Additional costs directly caused by the damage
Important: The building owner (your neighbour) is strictly liable for any damage caused by the works, even if they weren't negligent. You don't need to prove fault – only that the damage occurred because of their building work.
Common Types of Party Wall Damage
Party wall works can cause various types of damage to adjoining properties. Here are the most common:
1. Structural Cracks
Cause: Excavation, underpinning, or removal of structural support
Appearance: New cracks in walls, ceilings, or floors; widening of existing cracks
Severity: Can range from minor cosmetic cracks to serious structural damage
Action Required: Immediate structural assessment; temporary support if necessary; full repairs
2. Subsidence and Settlement
Cause: Deep excavations (especially basements), underpinning failures, or soil disturbance
Appearance: Floors sloping, doors sticking, stepped cracking in walls
Severity: Major structural issue requiring immediate attention
Action Required: Stop works immediately; structural engineer assessment; monitoring; underpinning or stabilization
3. Water Ingress and Damp
Cause: Damage to damp-proof courses, exposed walls, or faulty waterproofing
Appearance: Damp patches, mold, water stains, peeling paint
Severity: Can cause long-term structural and health issues if not addressed
Action Required: Identify source; temporary waterproofing; full remediation; redecoration
4. Cosmetic Damage
Cause: Vibration, dust, or direct impact during works
Appearance: Cracked plaster, damaged finishes, stained walls, broken tiles
Severity: Usually minor but must still be fully repaired
Action Required: Document damage; agree repair specification; complete remediation
5. Loss of Support
Cause: Removal of party wall sections without adequate temporary support
Appearance: Sagging floors or ceilings, visible deflection, movement
Severity: Emergency situation – immediate structural risk
Action Required: Stop works; immediate temporary support installation; structural repairs
The Critical Role of a Schedule of Condition
A schedule of condition is your primary protection against disputes about party wall damage. This detailed pre-work survey documents your property's condition before building work begins.
What a Schedule of Condition Includes:
- Comprehensive photography: Every room, wall, ceiling, floor, and external area
- Detailed written descriptions: Existing defects, cracks, staining, or damage
- Measurements: Width of existing cracks with monitoring marks
- Date-stamped evidence: Proves the property's condition at a specific point
- External areas: Driveways, paths, boundary walls, gardens
What to Do If You Discover Damage: Action Plan
Immediate Actions (Within 24-48 Hours)
- Document the damage immediately:
- Take detailed photographs from multiple angles
- Include context shots showing location in room/property
- Use a ruler or measuring tape for scale in photos
- Note date and time
- Video recording if damage is extensive
- Notify all parties in writing:
- Your neighbour (building owner)
- Your party wall surveyor (if appointed)
- Your neighbour's surveyor
- Send by email AND recorded delivery
- Request works to stop:
- If damage is serious or worsening, formally request works cease
- Document this request in writing
- Works should stop until damage is assessed
- Make safe if necessary:
- If there's immediate danger, take emergency action
- Document all emergency measures
- Keep receipts for any emergency costs
Short-Term Actions (Within 1 Week)
- Arrange surveyor inspection: Your party wall surveyor should inspect the damage and compare it to the schedule of condition
- Obtain professional assessment: For structural damage, get a structural engineer's report
- Agree monitoring regime: If damage is progressive, set up crack monitoring
- Document ongoing issues: Keep a daily log if damage is worsening
- Request repair specification: Ask for a detailed specification of how damage will be repaired
Long-Term Actions (Within 1 Month+)
- Agree repair schedule: Negotiate timeline for repairs with your neighbour
- Approve contractors: Ensure competent contractors will undertake repairs
- Oversee repair works: Monitor repairs to ensure they're done properly
- Post-repair inspection: Surveyor confirms repairs are satisfactory
- Settle compensation: Agree financial compensation for inconvenience/loss
Calculating Compensation
You're entitled to more than just repairs. Compensation may include:
| Type of Compensation | What's Covered | Typical Amounts |
|---|---|---|
| Direct Repair Costs | Full cost to repair damage to pre-work condition | £500 - £50,000+ depending on extent |
| Alternative Accommodation | Hotel or rental costs if property uninhabitable | Actual costs incurred |
| Loss of Use | Inconvenience, lost amenity, disruption | £50 - £200 per day |
| Diminution in Value | Reduction in property value (if permanent) | Surveyor valuation required |
| Professional Fees | Surveyor, engineer, legal costs | Actual reasonable fees |
| Consequential Losses | Damaged contents, storage costs, etc. | Proven actual losses |
What If the Building Owner Refuses to Pay?
If your neighbour refuses to accept responsibility or pay for damage, you have several options:
1. Party Wall Award Enforcement
If a party wall award is in place, it's enforceable like a court order. You can:
- Request the surveyor(s) issue a formal determination on the damage
- The award can be enforced through County Court
- Building owner must comply with the award's terms
2. Third Surveyor
If there's a dispute between surveyors about damage or compensation, you can request a third surveyor to make a binding decision.
3. County Court Proceedings
As a last resort, you can take legal action in County Court for:
- Damages for trespass
- Compensation under Section 7(2) of the Act
- Injunction to stop works
- Specific performance of repairs
4. Emergency Injunction
If works are causing immediate, serious damage, you can apply for an emergency injunction to stop works immediately while the damage is addressed.
Legal Costs: If you succeed in County Court proceedings, the building owner typically pays your legal costs as well as the compensation and repairs.
Preventing Damage: Best Practices
Prevention is better than cure. If you're facing party wall works next door, take these preventive steps:
- Always commission a schedule of condition: Even if you consent to the works
- Insist on a comprehensive party wall award: With detailed protective measures
- Request method statements: How will excavations, underpinning, etc. be carried out?
- Require monitoring: For major works, request regular structural monitoring
- Set working hours: Limit vibration-heavy works to reasonable hours
- Maintain communication: Regular updates from your surveyor on work progress
- Inspect regularly: Weekly checks during critical phases of work
Case Studies: Real-World Examples
Case Study 1: Basement Excavation Damage
Situation: Neighbour excavated 3-metre deep basement. Adjoining owner developed major cracking and subsidence.
Damage: Stepped cracks in party wall, floor settlement, door frames distorted. Estimated £45,000 repairs.
Outcome: Schedule of condition proved damage was new. Building owner paid for full underpinning, structural repairs, redecoration, and £5,000 compensation for 6 weeks' disruption. Total cost: £52,000.
Key lesson: Schedule of condition was essential to prove damage timing.
Case Study 2: Loft Conversion Cosmetic Damage
Situation: Neighbour raised party wall for loft conversion. Vibration caused plaster cracking throughout adjoining property.
Damage: Hairline cracks in 12 rooms, some paint damage. Estimated £8,000 repairs.
Outcome: Building owner initially disputed damage was caused by works. Third surveyor appointed, reviewed schedule of condition, and ruled in favour of adjoining owner. Full redecoration plus £1,500 compensation.
Key lesson: Third surveyor mechanism resolved dispute without court proceedings.
Frequently Asked Questions
Without a schedule of condition, proving that damage is new (not pre-existing) becomes much harder. However, you can still make a claim using other evidence: dated photographs you may have, Google Street View historical images, estate agent listings with photos, witness statements from visitors who saw the property before works, surveyor expert opinion based on crack pattern analysis. It's more difficult but not impossible.
You have 6 years from the date the damage occurred to bring a claim in court. However, some damage (like subsidence) may develop gradually over months or years. Act as soon as you discover damage – the longer you wait, the harder it is to prove causation.
Yes, absolutely. Consenting to works does NOT waive your right to compensation for damage under Section 7(2) of the Party Wall Act. Your neighbour remains liable for all damage caused, regardless of whether you consented or dissented to the original notice.
Some damage (especially subsidence or settlement) can take weeks or months to become apparent. If damage appears within a reasonable time after works finish, you can still claim. Document it immediately, notify the building owner and surveyor in writing, and request a post-completion inspection to compare against the schedule of condition.
No. While it's often convenient to use the building owner's contractor (they're already on site), you have the right to request repairs by a contractor of your choice, or to insist that your own contractor undertakes the work. The building owner pays either way, but costs must be reasonable.
Property Damaged by Building Works?
Get expert party wall surveyor advice to protect your rights and secure full compensation. We'll document the damage, negotiate repairs, and ensure you receive every penny you're entitled to under the Act.
Get Free Damage AssessmentConclusion: Your Rights Are Strong – Use Them
Party wall damage is not uncommon, but the Act provides strong protections. If your property is damaged by your neighbour's building work:
- Act immediately: Document damage and notify all parties in writing
- Know your rights: The building owner is strictly liable for all damage
- Insist on full repairs: Your property must be restored to pre-work condition
- Claim compensation: For inconvenience, loss of use, and disruption
- Use the Act's mechanisms: Surveyors, third surveyor, and court enforcement
With proper documentation (especially a schedule of condition) and professional surveyor support, you can ensure full compensation and repairs for any party wall damage.