Damage is one of the main reasons the Party Wall etc. Act 1996 exists. The process is designed to make it clear what the condition was before works, whether damage was caused by the works, and how it will be put right—without it turning into a long, expensive argument.
1) First, the damage is identified and recorded
If the adjoining owner believes damage has occurred (for example new cracking, loosened plaster, movement, water ingress, or damage to finishes), the next step is to record it properly.
This is where a good Schedule of Condition becomes crucial. It provides the “before” record, usually with photographs and notes, so everyone can compare:
- what existed before works started, and
- what has changed during/after the works.
If there was no Schedule of Condition, damage claims become harder to assess fairly and can escalate more easily.
2) The surveyor(s) inspect and assess
If an Award is in place (or surveyors are appointed due to a dispute), the surveyor(s) will typically:
- inspect the adjoining owner’s property,
- compare the condition to the Schedule of Condition,
- consider the timing and location of the damage relative to the works,
- review the method of construction and any risk factors (excavation, vibration, temporary support, sequencing).
Their job is to decide, as impartially as possible, whether the damage is:
- likely caused by the notifiable works,
- pre-existing, or
- unrelated (e.g., shrinkage, seasonal movement, historic cracking).
3) The Award usually sets out how damage must be handled
Most Party Wall Awards include clear “damage provisions,” such as:
- how damage will be reported,
- how inspections will take place,
- timescales for agreement,
- whether repairs are carried out by the building owner’s contractor or by others,
- how costs are agreed and paid.
If the Award doesn’t exist yet, surveyors can still agree procedures (or issue an additional award) to deal with damage.
4) Repair (“making good”) or compensation
If the surveyor(s) determine the works caused damage, the building owner is normally responsible for putting it right. This is often handled in one of two ways:
Option A — Making good (repairs)
The building owner arranges for repairs, which may include:
- replastering and redecorating affected areas,
- crack repairs and making good finishes,
- replacing damaged items,
- addressing water ingress or defective weatherproofing.
Surveyors may specify the standard of repair and the method, so it’s done properly.
Option B — Compensation (a payment in lieu of repairs)
Sometimes it’s more practical to pay compensation instead of repairing, for example:
- the adjoining owner wants to use their own contractor,
- access is difficult,
- the damage is minor and the adjoining owner prefers a settlement.
The surveyor(s) can assess a fair figure based on quotes and the extent of damage.
5) Post-works inspection and sign-off
Once repairs are complete (or compensation is agreed), surveyors may carry out a final inspection to confirm:
- the issue has been resolved, and
- no further defects have appeared.
This closure step helps prevent disputes resurfacing months later.
What if there’s no Award in place?
Damage can still be handled, but it’s usually messier. Without the Act’s surveyor framework and a Schedule of Condition:
- it may be harder to prove causation,
- disagreements can become personal,
- people may default to solicitors rather than surveyors.
That’s why following the party wall process is often a form of “insurance” for both sides.
What if the surveyors can’t agree?
If there are two surveyors and they can’t agree on:
- whether the works caused the damage,
- what repairs are required,
- or what compensation is fair,
the matter can be referred to the Third Surveyor to make a binding decision—often avoiding court.
Need help dealing with party wall damage?
If damage has occurred (or is being alleged), email mail@howorth.uk or call 07794 400 212 with:
- the address,
- what works are/were carried out,
- when the damage was noticed,
- and any photos you have.
We can advise on the best next step—whether that’s an inspection, an additional Award, or agreeing repairs/compensation in the fastest, fairest way.