Damage Caused by Party Wall Works: How to Claim Compensation
Under the Act the building owner must make good damage caused by the work, or pay the cost of doing so. Record the damage, tell everyone in writing and use the schedule of condition to show what has changed.
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- Photograph and date the damage before anything is touched.
- Compare with the schedule of condition if one was agreed.
- Write to the building owner and the surveyors describing what you found and when.
- Ask for an inspection and note who attended.
- Get a written repair quote from a competent contractor.
- Keep receipts for any temporary protection or extra costs.
What the Act says
The building owner is responsible for making good any damage to the adjoining property caused by the work. They may instead pay the reasonable cost of repair, where that is agreed. They must also compensate for loss or damage caused by the work.
The award will usually set out how damage is handled during and after the work.
Evidence that counts
Strong claims rest on before-and-after evidence. A schedule of condition gives the neighbour a fair baseline. Without one, arguments about whether cracks are new are harder to settle.
Note the timing, location and type of damage. Cracks that appear during vibration or excavation may point to the works. A surveyor can help judge cause.
How claims are resolved
Start with the surveyors. They can inspect, agree the cause and record what repair is fair. If they disagree, the third surveyor may be involved as the Act provides.
If a claim is not resolved through the award process, court is the last resort. Get advice before going that far, as it is slower and costs more.
Contractors and insurance
The builder's or building owner's insurance may respond to damage. Policies differ, so read the wording and ask about notification deadlines. Late notice can cause problems.
Frequently asked questions
Do I have to prove the works caused the damage?
You need evidence linking it to the works. A schedule of condition and dated photographs help a great deal.
Can I repair it myself and send the bill?
Talk to the surveyors first. Agree the scope and get quotes, so the cost is likely to be accepted as reasonable.
What if there was no schedule of condition?
Use any earlier photographs, listing details or survey reports. It is harder, but not impossible.
Is there a time limit to claim?
General legal time limits apply. Do not delay. Raise damage as soon as you see it.
Related guides
- Schedule of Condition: Why You Need One Before Building
- What Evidence is Needed to Prove Damage in a Party Wall Claim?
- Who Pays for Damage Caused to a Neighbour's Property During Building?
- What to Do If Your Neighbour Claims Your Building Work Cracked Their Ceiling
Last updated: . This page is general information about the Party Wall etc. Act 1996 (England and Wales). It is not legal advice. Every property and dispute is different, so take advice from a party wall surveyor or a solicitor before you act.