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What should I do if my neighbour’s building work has damaged my property?

Building work next door can be disruptive at the best of times, but some projects can result in damage being caused to your home.

Cracks in the walls, damage to foundations, falling debris or even flooding can all arise from poorly managed construction work.

If this happens, it is important to understand your rights and know how to protect your property.

Our litigation and dispute resolution solicitor, Lorraine Walker, investigates.

Who is responsible for the damage?

Under the law in England and Wales, a property owner carrying out building work has a duty to take reasonable care and skill to avoid causing damage to neighbouring properties.

If your neighbour or their builder has failed to take appropriate precautions and this has resulted in damage, both may be legally responsible for putting it right or compensating you.

Liability can arise through negligence, breach of statutory duties or under the Party Wall etc. Act 1996, depending on the nature of the works.

Even if the damage was accidental, responsibility may still rest with the neighbour commissioning the work.

What are the first steps to take?

If you notice damage, you should act promptly and document the problem thoroughly.

You should take clear photographs, make written notes of when the damage appeared and keep records of any changes over time. This evidence is crucial if the responsibility is later disputed.

The next step is to notify your neighbour as soon as you notice damage.

An open and clear discussion between all parties may lead to early resolution and your neighbour could agree to repair the damage or involve their builder or insurer.

However, if informal discussions do not resolve the issue you must follow up your concerns in writing and keep a record of this communication if needed later down the line.

When does the Party Wall Act apply?

When your neighbour’s work involves a shared wall, boundary or excavation close to your property, it may fall under the Party Wall Act 1996.

For certain work, your neighbour should have served a Party Wall Notice before starting.

If a Party Wall Award is agreed, it will usually set out how damages should be addressed and who pays for the repairs.

If damage occurs during works covered by the Act, party wall surveyors can assess whether the damage was caused by the works and determine appropriate compensation or repairs.

Even if no notice was served, your neighbour may still be liable for the damage.

What if your neighbour denies responsibility?

Disputes can arise if your neighbour argues the cause or extent of the damage and legal support is necessary when this occurs.

A surveyor may be needed to confirm the cause of the damage and assess repair costs.

In some serious cases, you may need to seek an injunction to stop works that are causing ongoing or imminent damage.

How early action can protect your home

Damage caused by neighbouring building work should not be ignored and you must seek early legal advice to improve your chances of achieving a fair and timely resolution.

Our expert team can help guide you through the dispute process and gather evidence and communicate with your neighbour or their legal representatives.

We can work with surveyors to support your claim and help resolve matters quicker and cost-effectively through negotiation or mediation.

For help and advice when a neighbour’s building work has damaged your home, contact our team today.