According to the Party Wall Act, “Party Wall Act compensation” means paying back a neighbor or property owner for any loss caused by excavation or construction work. To be precise, section 7(2) of the Party Wall Act talks about compensation. This section clarifies that if the building work causes a disturbance or damage to the neighbor, the owner will have to pay for it. While home extensions or any work, the owner must ensure that their work doesn’t bother their neighbors in any way, such as through noise, property damage, or working odd hours.
What is Part 7(2) of the Party Wall Act?
The Party Wall Act is divided into sections focusing on different parts of the Act. Section 7(2) of the Part Wall Act is about paying the neighbouring owner for damage caused by the owner’s building or digging.
These are the main points of Section 7(2):
- The Party Wall Act says that a building owner who wants to build or dig on their property won’t use any of the rights it gives them in a way or at a time that could cause the owner next door trouble or loss.
- Under the Party Wall Act, the owner will have to make up for any damage caused by construction to the neighbouring owner.
- The person building a structure will have to pay for the necessary steps to ensure the safety and security of the person who lives next door and their property.
- The Act says that a property owner can’t make changes to the property or foundations of a building belonging to a neighbour without that neighbor’s permission.
- Any work done on the building will need permission from the owner next door, and the work will go according to the plan, details, and rules that the next-door owner agreed to when someone signed the party wall agreement.
- The party wall act says that if the building is against a party wall agreement, the owner will have to pay the owner of the building next door.
Categorization of Compensation
During the digging or building of a structure, it is common for the owners of the buildings next to it to lose something, get hurt, or have trouble. And these things can happen whenever you work on your property to make it worth more. The best way to deal with the compensation is to hire a Party Wall Surveyor.
Depending on the type of loss, the compensation can be broken down even further.
Damage to property
Property loss is the most common loss caused by a neighbor’s building. Many times, a construction project has caused damage to a neighbor’s property. And if the construction affects shared property features like party walls, shared floors in apartments in the same building, pipes, or chimneys, the neighbouring property could be damaged.
Noise, dust, and inconvenience
Construction work requires a lot of heavy equipment and expensive technology. Depending on the type of work being done, this can cause the ground to shake, make a lot of noise, or make a lot of dust. It would be best if the neighbours put up with some construction noise and let things go smoothly. But sometimes, the noise from the machines on the construction site can be very annoying, which triggers them to take some action.
Also, in order to get the job done, the workers may have to work odd hours, which can give neighbours the right to take legal action. So it’s better to negotiate the matter with them beforehand.
Physical Damage
If the right steps aren’t taken to make sure the safety of the neighbours, it can hurt people physically. Because heavy equipment is already used on construction sites, and buildings are also very heavy, any small mistake can lead to big trouble. That is why the safety and security of those around you should always come first before regulating work.
How to Keep Up with Compensation
Hiring a surveyor is the best way to solve a problem with a party wall. These surveyors set up a time to look at the adjoining property before construction starts. They will also compare the condition of the adjoining properties before and after the work. And you will have proof, according to the party wall act compensation damage to neighbours property claim against the work.
Suppose you cause damage during construction work, a storm, or something natural. In that case, the party wall surveyors should also think about what caused the damage to the neighbour’s property or any physical harm or trouble.
For this, you will need a “Schedule of Conditions“ service to start construction. For further details, contact us, as we are a team of professional Party Wall surveyors in London who can help with any Party Wall problem.
FAQs
1- What are the Building Owner’s Responsibilities in Party Wall Matters?
When it comes to party wall issues, it is essential for you as a building owner to have a solid understanding of your responsibility. Using a party wall surveyor, serving notice on the owners of surrounding properties, and adhering to the appropriate processes will assist ensure that the process goes smoothly and in accordance with the law.
2- How Party Wall Surveyors Can Benefit the Building Owner
Building owners can get a lot of help from a party wall surveyor during a party wall dispute or a construction project. A surveyor can help the owner of a building protect his or her interests and get along well with the owners of other buildings by explaining the law and settling disputes.
Read more about Party Wall:
- Retrospective Party Wall Agreement UK
- How Long Does a Party Wall Agreement Last?
- What Happens If My Neighbour Ignores The Party Wall Notice
