Blogs
Compensation in relation section 6 (1) and section (2) works.
Wednesday 12th February 2025
Carl O'Boyle BSc MRICS FCIOB MFPWS
Under the Party Wall etc. Act 1996, Sections 2 and 6 outline different circumstances and rights concerning works on a party wall or adjacent excavations and constructions. Both sections provide mechanisms for addressing damage, but the specifics and entitlements vary.
Section 2 of the Act deals with works directly to a party wall or structure and includes provisions such as cutting into a wall to take load-bearing beams, inserting a damp proof course, or raising the height of the wall. If damage occurs as a result of these works, the Act typically allows the building owner to enter the adjoining owner's property to repair the damage. This provision is generally preferred as it aims to restore the condition without resorting to compensation. The idea is to remedy the damage directly, maintaining the integrity and utility of the property.
Section 6 relates to excavation and construction near neighbouring buildings. It requires the building owner to notify adjoining owners about their excavation plans, which could potentially affect the structural integrity of adjacent properties. If damage occurs under this section, the building owner is indeed liable for the damage. The adjoining owner can claim compensation if they prefer it over having the building owner undertake the repairs. This can be due to a lack of trust in the building owner's ability to properly repair the damage or a preference for having control over the repair process.
In both cases, the building owner has the initial right to make good the damage. However, if the adjoining owner is concerned about the quality of the repairs or potential further disruption, they can request compensation instead, enabling them to manage the repairs independently. This flexibility helps ensure that repairs are satisfactory to the affected party and can expedite the resolution process.
The key principle is that the work should be rectified to the satisfaction of the party who suffered the damage, whether through direct repair by the building owner or by compensation allowing the adjoining owner to manage the repairs themselves.
