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Can security expenses be used to rectify damage in a case where damage is caused to the adjoining owners' property by the building owners works under the party wall et cetera act 1996 ?
Friday 28th July 2023
Carl O'Boyle BSc MRICS FCIOB MFPWS
The Security of Expenses provision in the Party Wall etc. Act 1996 allows a building owner to provide security for expenses that may be incurred by the adjoining owner as a result of the notifiable works. This security can be used to rectify any damage caused by the works, as well as cover any other expenses that may arise.
However, it's important to note that the Security of Expenses provision does not absolve the building owner of their responsibility to rectify any damage caused by the notifiable works. The adjoining owner still has the right to seek compensation for any damage caused, and the building owner is responsible for ensuring that the damage is properly repaired.
In summary, while the Security of Expenses provision can provide some financial protection for the adjoining owner, it does not relieve the building owner of their obligation to rectify any damage caused by the notifiable works.
Here at Tayross, Carl is a Chartered Senior Surveyor with many years experience in Planning, Building, Surveying and Party Wall related matters. He is happy help with any questions you may have.
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