My home has been damaged: making a claim

If the work next door damages your property, the Act requires it to be put right. The quicker you report it, the easier it is to resolve.

Step 1: record it

Photograph the damage with a date, note when you first saw it and what work was happening at the time.

Step 2: tell the builder and the surveyor

Let the builder know so they can take care to avoid further damage. Tell your surveyor, or the agreed surveyor, in writing.

Step 3: inspection

The surveyor inspects and compares the damage with the schedule of condition. That is where the before-and-after record matters: if a crack was not in the schedule and has appeared during the work, it points strongly to the work.

Step 4: settlement

The surveyors decide what work is needed to put it right, and whether it should be repaired by the building owner's contractor or paid for so you can arrange the repairs yourself. See repair or payment.

If there was no award

If you consented to the notice and no award was made, a dispute about damage can still be referred to surveyors under the Act. This is where photographs taken before the work become invaluable.

Timing

Some damage, such as hairline cracks, only shows after the structure settles. Many surveyors carry out a final inspection after the work finishes; ask for one if it is not offered.

Where this comes from in the Act

Links go to the official text of the Party Wall etc. Act 1996 on legislation.gov.uk.

Has a notice landed on your doormat?

Ivan Larkin can read it through with you, explain your choices and act as your surveyor. In most cases the owner doing the work pays for that.

Call 07477 207993Send an enquiry