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Protecting Your Rights: What to Do if Party Wall Works Cause Damage Despite Consent

Monday 31st March 2025

If a building owner has received consent from an adjoining owner for party wall works, but damage subsequently occurs, the adjoining owner still has several avenues for recourse. Here’s how the situation typically unfolds:

1. Establishing Liability for Damage

Even if the adjoining owner has consented to the works, this does not waive their right to claim for damage. The building owner remains responsible for ensuring that their works do not cause unnecessary damage. The key considerations are:
• Causation – The adjoining owner must demonstrate that the damage was caused by the party wall works.
• Extent of Damage – If a pre-works schedule of condition was prepared, this can be used as a benchmark.

2. Informal Resolution

The first step is to discuss the matter with the building owner and attempt an amicable resolution. If the damage is minor, they may agree to repair it or offer compensation.

3. Legal Avenues Under the Party Wall etc. Act 1996

If informal resolution is unsuccessful, the adjoining owner can:
• Invoke the Act Retroactively: Even though they initially consented, the Act still applies if damage occurs. They can request a party wall surveyor (or a joint surveyor) to determine liability and the extent of the damage.
• Surveyor’s Award: If the building owner disputes liability, the adjoining owner can appoint their own surveyor, leading to a dispute resolution process under the Act, which culminates in an award specifying remedial works or compensation.

4. Common Law Remedies

If the Party Wall Act route is not pursued or is not applicable:
• The adjoining owner could pursue a claim for negligence if the building owner or their contractor failed to take reasonable care.
• A claim for trespass could be made if any elements of the works encroach onto the adjoining owner’s property.
• If the damage is significant, they may seek compensation via a civil claim for property damage.

5. Insurance Considerations

The building owner’s contractor may have insurance that covers accidental damage. The adjoining owner should check whether the contractor has public liability insurance and make a claim if applicable.

6. Emergency Remedial Works

If the damage creates an urgent issue (e.g., structural instability, water ingress), the adjoining owner may be entitled to carry out remedial work themselves and later seek reimbursement.

In summary, consenting to party wall works does not mean the adjoining owner forfeits their right to compensation for damage. They can still invoke surveyors under the Act, negotiate directly, or pursue legal claims if necessary.