Tayross Associates Chartered Building Surveyors | Party Wall Rates London | Party Wall Surveyor West London | Building/Structural RICS Survey London

Can the Adjoining Owner Refuse the Building Owner’s Decorator?

Wednesday 2nd July 2025

When construction works trigger the Party Wall etc. Act 1996, issues around “making good” any damage caused can quickly become contentious—particularly when it comes to aesthetic reinstatement. One question we are often asked at Tayross Associates is:

Can the Adjoining Owner refuse the Building Owner’s decorator, even if the offer appears reasonable?

The short answer is: Yes, they can. However, this refusal is not without potential implications, and all parties involved—including surveyors—must balance reasonableness, trust, and legal rights.

Understanding the Adjoining Owner’s Rights
Under Section 7(2) of the Party Wall etc. Act 1996, the Adjoining Owner is entitled to be compensated for any damage caused by the works. However, this compensation doesn’t necessarily mean accepting the Building Owner’s chosen contractor or decorator.

Key considerations include:

Right to Compensation, Not Method of Repair:
The Adjoining Owner has the right to be compensated for damage, which may be by way of repair or financial payment. They are not obliged to accept the Building Owner’s preferred method of making good—particularly if there is a breakdown in trust.

Loss of Confidence:
If the Adjoining Owner has genuine reservations about the Building Owner’s decorator (e.g., concerns about previous workmanship or unprofessional conduct), they are within their rights to refuse the offer.

Aesthetic Damage Matters:
Even if the damage is “just cosmetic,” issues like paint finishes, wall textures, or heritage detail can have a significant impact on the property’s character and value. These must be respected in any proposed remedy.

Role of the Appointed Surveyors
The appointed surveyors—or a single Agreed Surveyor—have a duty to determine how damage is to be made good. If a dispute arises over who should carry out the work, they must act impartially and pragmatically, considering:
- The reasonableness of the Building Owner’s offer;
- The Adjoining Owner’s lack of confidence or objections;
- The practicality of allowing the original contractor back on site;
- Whether a financial settlement is more appropriate.

Even when the surveyors consider the Building Owner’s decorator to be competent, they must also weigh the Adjoining Owner’s preferences—especially if there are clear reasons for concern.

What Happens If There’s No Agreement?
If surveyors cannot agree on the best course of action—whether to allow the decorator back or to award a payment in lieu of works—the matter may be referred to the Third Surveyor for determination.

Final Thoughts from Tayross Associates
At Tayross Associates Ltd, we understand the balance that must be struck between legal entitlements and personal confidence in a contractor. It’s not just about fixing damage—it’s about doing so in a way that’s fair, reasonable, and respects the interests of both parties.

If you're dealing with a party wall dispute involving reinstatement or compensation, our experienced surveyors are here to guide you through every stage of the process—with clarity, expertise, and professionalism.