What Counts as Notifiable Construction Work?
The Party Wall Act is what details the rights and responsibilities of building owners who are planning notifiable works, as well as neighbours who are affected by those notifiable works. The big tripping point for many people is the term ‘notifiable works’, which seems a bit ambiguous on the surface. So let’s clear that up to start with. Notifiable works are construction works that require you to notify someone under the Act. It’s important to remember that the Act doesn’t just cover works that directly affect a party wall – it covers any construction work that could affect the structural strength or support of a party wall or structure, work that could cause damage to a neighbouring property, or cause significant inconvenience.
What Are Some Examples of Notifiable Work?
Notifiable works fall under three categories:
Section 1: Constructing new walls on the line of junction.
Section 2: Construction works to a party wall, party structure or party fence.
Section 6: Adjacent excavation and construction.
There are a number of things that could fall into those categories. For example, if you’re cutting into a party wall to insert a steel beam, excavating within three or six metres of a neighbouring structure and going deeper than its foundations, cutting off a projection like a chimney breast, or building a new wall on the line of junction.
If there is construction work that falls outside these three sections of the Act, they’re not deemed to be notifiable works and don’t require a party wall notice and can’t be dealt with by party wall surveyors.
Why Are Photographic Schedules of Condition so Important?
When you’re having construction done that involves notifiable works and your neighbour has dissented, the surveyor you’ve appointed will prepare a photographic schedule of condition. This is a photographic survey of the adjoining owner’s property before you commence any of the notifiable works.
The photographic schedule of condition will document the condition of any areas of an adjoining property that could be at risk of damage by your construction works. We do this because knowing and documenting the condition of their property beforehand can help prevent disputes over damage in the future, as well as providing proof if disputes do happen. The report should include both text and images, reassuring the adjoining owner that they will be able to prove any damage that is done wasn’t pre-existing.
Generally, it’s best practice to instruct a surveyor to carry out a photographic schedule of condition even if your relationship is good and they’ve consented to your party wall notice. Think of it as an insurance policy that could save you a lot of time, strain and money. After all, being best friends won’t stop a dispute happening if something gets damaged!
Who’s Responsible for Damage Due to Notifiable Work
If the damage has been caused by the building owner’s notifiable works during the construction process, then the person doing the work is responsible for either repairing the damage (and paying the associated costs, including surveyors’ fees, to resolve the issue), or paying compensation to get it repaired by someone else.
To help substantiate damage claims, we always recommend that the owners of adjoining properties allow surveyors access to prepare a photographic schedule of condition. Building owners should also be aware that the adjoining owner has the right to ask a surveyor to come and assess the damage and resolve the dispute for them. If the damage is genuine, you (the building owner) will be held responsible for the surveyors’ fees as well.
The Process of Dealing With Damage
The Party Wall Act not only details the conditions of notification, but it also includes a dispute resolution process. This helps building owners and adjoining owners deal with disputes over any damage caused during notifiable works. This doesn’t mean that you can’t resolve any damage without surveyors – and in fact we always recommend that you try to work with your neighbour to deal with the damage if you are genuinely at fault. This approach not only saves your relationship with your neighbour, but often it saves you money as well, since you won’t need to pay the professional fees.
If you try this approach and you can’t resolve the issue yourselves, then an appointed party wall surveyor will visit the adjoining owner’s property, assess what adjacent notifiable works have taken place, and review the photographic schedule of condition. They will then use this information to decide whether the damage is genuine and what the next steps should be for resolving the dispute. The good thing about this process is that it removes the need for legal action, and is far more cost effective than dealing with the damage through litigation.
Can I Repair The Damage, or Do I Have to Pay?
In some cases, it makes more sense for your builder to repair the damage to your neighbour’s property. But they do have to consent to do this, and we recommend you approach it with caution.
Imagine the scenario – your building works have caused a minor crack in your neighbour’s wall. You both agree that your builder will come and make good the cracks and redecorate the affected wall – putting it all back the way it was. But once it’s done, your neighbour isn’t happy with the finish or the workmanship. Now you have an entirely different dispute on your hands!
It’s often better to consider offering a sum of money to your neighbour so they can resolve the issue with contractors of their choice. This reduces the risk of further disputes, and means you know your neighbour will be happy with the result.
Insurance for Notifiable Construction Works
The liability for damage caused by notifiable works lies squarely with the building owner who is planning and carrying out the works. If the damage was caused by the builders and they are at fault, then you can still recover your costs from your builder, but we recommend that before any work beings, you check that your builder has adequate insurance that will cover any potential damage.
At Harrison Clarke, our team of experienced party wall surveyors can help ensure that you are protected from damage (or claims of damage) either by preparing your party wall notices, documenting the condition of a neighbour’s property, or acting as your surveyor in a party wall dispute. We also offer a 30-minute consultation for just £100 inc VAT, where you can ask us any questions about party wall matters, including dealing with damage. Just give us a call on 023 8155 0051 to book.
We also have a range of videos talking through various aspects of the Party Wall process. You can access them via our website or our YouTube channel.
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