What Evidence is Needed to Prove Damage in a Party Wall Claim?
To prove damage in a party wall claim you need evidence of how the property looked before the work, and evidence that it changed afterwards. The strongest single item is a schedule of condition agreed before the work. Dated photographs, monitoring records and a surveyor's report add weight.
Before the work
A schedule of condition is the key document. If you do not have one, look for anything else dated before the work, such as photographs, estate agent particulars or a building survey.
After the damage
Photograph new cracks or marks straight away, with a ruler or crack gauge in view and a date. Note the location, size and time. Do not repair yet, unless it is unsafe. Tell the building owner and the surveyors in writing.
Monitoring
Crack monitors or measurements over time show whether a crack is moving. That helps to link it to the work, or to rule it out.
Professional opinion
A surveyor or engineer can give a written view on likely cause. Causes such as seasonal movement, old settlement or leaks can look like new damage. A report is more persuasive if it refers to the schedule.
Records of the works
Note when noisy or heavy work took place, such as excavation, breaking out or piling. Keep messages and letters. The building owner's records may also help.
Talking to the surveyors
Give copies of your evidence to the surveyors as soon as you have it, and keep the originals. Ask them to record the damage in a further inspection. A dated note from the surveyor, made close to the event, carries more weight than a memory months later.
Frequently asked questions
Do photos on my phone count?
Yes, if they are dated and clear. Keep the original files, not just copies sent through apps.
What if there was no schedule?
It is harder but not always impossible. Gather what you can and take advice.
Who bears the burden of proof?
The person claiming damage generally needs to show it. The Act says the building owner must compensate for damage caused by the work.
Can I claim for cleaning and disruption?
Loss caused by the work can be claimed, but you should show what it cost. Keep receipts and notes.
Source: Party Wall etc. Act 1996 on legislation.gov.uk
Related guides
- Schedule of Condition: Why You Need One Before Building
- Damage Caused by Party Wall Works: How to Claim Compensation
- What to Do If Your Neighbour Claims Your Building Work Cracked Their Ceiling
- Who Pays for Damage Caused to a Neighbour's Property During Building?
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.