Damage Caused by Notifiable Works Under the Party Wall etc. Act 1996

Independent Technical Advice When Procedures Were Not Followed

Rellim Surveyors are sometimes instructed to advise on damage arising from building works that should have been notified under the Party Wall etc. Act 1996, particularly where the absence of formal procedures has led to uncertainty or dispute.

While the Act is designed to protect both building owners and adjoining owners before works commence, we are frequently contacted after works have already been completed, where Party Wall Notices were not served, no Party Wall Award was in place, no Schedule of Condition exists, and damage is now alleged to have occurred. 

In these circumstances, the absence of formal party wall procedures can quickly lead to disagreement and uncertainty.

Independent technical advice, not a workaround to the Act

Rellim Surveyors can provide independent post-work technical assessments where statutory procedures were not followed or were incomplete. This service is not a substitute for the Party Wall etc. Act 1996, nor is it a means of avoiding statutory obligations. Instead, it offers a pragmatic and professional solution where matters have already progressed beyond the ideal starting point.

When jointly instructed, in this role, we act as an independent technical consultant, not as a Party Wall Surveyor appointed under the Act. We do not act for either party, do not determine liability or compensation, and do not issue Party Wall Awards. Our role is to provide a neutral, evidence-based technical opinion to assist understanding and support constructive dialogue.

What we assess

Our inspections focus on whether damage is technically consistent with notifiable works such as excavation and foundation works, ground movement or settlement, and structural alterations affecting shared or adjoining structures. Where appropriate, we may also comment on damage potentially arising from associated construction activities including demolition, temporary works, vibration, or internal alterations.

All opinions are based on visual inspection, construction sequencing, and established principles of building pathology. We routinely call upon structural experts who can assist in the analysys of our findings. 

Important limitations

Where works have already been completed and no Schedule of Condition exists, the original pre-works condition cannot be verified. Opinions on causation are therefore expressed in terms of technical likelihood rather than certainty, and reports are advisory and non-binding. These limitations are clearly explained and form an essential part of responsible professional advice.

Cost implications when procedures are not followed

In almost all cases, resolving issues after notifiable works have been completed is more costly and complex than following the correct Party Wall procedures from the outset.

When works proceed without proper Party Wall Notices, a Party Wall Award, and a pre-works Schedule of Condition, the protections built into the Party Wall etc. Act 1996 are lost. This commonly results in disputes over whether damage is new or pre-existing, multiple professional appointments after the event, prolonged correspondence, and an increased risk of escalation.

By contrast, the statutory process is designed to record condition in advance, manage risk proportionately, and deal with damage efficiently if it occurs. While independent post-works assessments can be valuable where procedures were not followed, they are reactive by nature and cannot fully replicate the clarity or cost-efficiency of getting matters right at the outset. Early compliance with the Party Wall etc. Act 1996 remains the most effective and economical approach wherever possible.

Why instruct Rellim Surveyors

Rellim Surveyors have extensive experience dealing with damage caused by notifiable works. We are trusted by both building owners and adjoining owners for our calm, impartial, and evidence-led reporting, our clear separation between technical opinion and legal responsibility, and our focus on proportionality and resolution rather than conflict. Our involvement often helps de-escalate disputes and establish a shared technical understanding where none previously existed.

Areas we cover

We provide independent assessments across Essex, London, and East Anglia, including Suffolk and surrounding areas.

Speak to an independent party wall expert

If you are concerned about damage caused by works that should have been notified under the Party Wall etc. Act 1996, early independent advice can be critical.

Rellim Surveyors Ltd partywall@rellimsurveyors.co.uk www.rellimsurveyors.co.uk

Where Excellence Comes as Standard.

Frequently Asked Questions

Is this a way to bypass the Party Wall etc. Act 1996? No. This service is only used where works have already taken place or procedures were not followed. It does not replace the Act.

Do you decide who is legally responsible? No. We provide technical opinion only. Liability and compensation are legal matters.

Can damage still be assessed without a Schedule of Condition? Yes, but with limitations. Opinions are expressed in terms of technical likelihood rather than certainty.

Do both parties need to agree to the instruction? Joint instruction is preferred, as it reinforces independence and transparency.