If your neighbour is just about to undergo a loft conversion, an extension, or any other work that affects your shared Party Wall or your property, it’s a good idea to contact a Party Wall specialist to safeguard your property. Our Party Wall Surveyor London, for instance, will draw up an agreement known as a Party Wall Award that’ll help settle any disputes between you and your neighbour which may occur as a result of the proposed works. Let’s find out more about Party Wall compensation.
Setting off on the right foot
Before skipping ahead to potential damage, it’s important to understand more about the Party Wall Award itself. This is the final document issued prior to building work and contains essential information such as working hours, property access, the manner of which the works are undertaken, and detailed project drawings where necessary. It should also include details of a site inspection of the adjoining property.
The ‘Schedule of Condition Report’ should take place pre-construction works, and will be pivotal to the Surveyor’s assessment of the property once the project has been finished. Essentially, it can help to legally decipher whether damage has been caused during construction or not.
With no Party Wall Agreement in place orchestrated by a professional Surveyor, it can be difficult to know if the damage was caused prior, during or after construction. So, a Party Wall Award can provide peace of mind and enables the appointed Surveyor(s) to resolve disputes which may arise.
Party Wall compensation
When carrying out any kind of work to your property that affects shared Party Wall Boundaries, you must serve notice to your neighbours under the Party Wall etc. Act 1996. If your project is covered by the Act, you must notify any property affected. This Act is designed to offer protection and gives the chance for neighbours to reject plans. The Act also provides some level of financial protection in the form of Party Wall Compensation.
Section 7(2) of the Party Wall etc. Act 1996 provides that:
“The building owner shall compensate any Adjoining Owner and any Adjoining occupier for any loss or damage which may result to any of them by reason of any work executed in pursuance of this Act.”
What happens if the Adjoining Owner reports damage?
There are several ways to solve reported damage issues following adjacent construction. Firstly, the building owner and Adjoining Owner can discuss amicably discuss how to resolve the issue without getting the appointed Surveyor(s) involved. This will help the building owner avoid further professional fees. But if the relationship between neighbours is strained, this may not be possible.
Secondly, the Surveyor could scope out the extent of the repairs by cross-referencing the pre-condition report from the Award. The Adjoining Owner could then agree for the building owner’s contractors to carry out the repairs. Thirdly, the building owner could pay the Adjoining Owner the agreed financial compensation as per the Act and the Adjoining Owner can hire their own contractors.
Want to understand how damages are covered under the Party Wall Award? Looking for a Party Wall Surveyor in London? Seven One Associates has party wall specialists that can help you with all your Party Wall issues.