Under no notice (Party Wall etc. Act 1996):
Should works have been carried out to a property where no notice was served and no written consent received with respect to The Party Wall etc. Act 1996, and a perceived loss to a neighbour’s property has resulted, there is the issue of compensation.
Without the Act there is little a surveyor can do and it is really in the remit of your legal advisers (surveyors are unable to administer injunctions in court); however, several approaches may be adopted:
1) Ask a surveyor to undertake a construction damage report or similar [Expert Witness] to ascertain the cause of the damage. Should damage not be indicative of notifiable works discussion should ensue with your adjoining owner or neighbour to reason with them why legal action is not necessary.
2) Check with the Contractor or Builder the status of their public liability insurance policy and whether they have non-negligent cover in effect, engage with legal following contact with home insurance and trying to seek legal expenses insurance cover, this will be necessary in cases of trespass / encroachment and interference with easements.
3) Have a surveyor administer a retrospective Award though they may be unwilling.
- Damages generally assessed at date when repairs can / could have been done.
- Proximal physical damage necessary.
- Damages to be awarded on the basis of principles in Tortious Common Law in application of Ruxley Electronics v Forsyth to avoid claims based on reinstatement and apply diminution in value. Proportional damages need apply.