Q&As

Where the wall to a house has been damaged by work carried out by contractors to an adjoining garden wall, who is liable to the house owner for the damage—the owners of the garden wall who employed the contractors or the contractors?

read titleRead full title
Produced in partnership with Kate Andrews of Hamlins
Published on LexisPSL on 24/09/2018

The following Property Disputes Q&A produced in partnership with Kate Andrews of Hamlins provides comprehensive and up to date legal information covering:

  • Where the wall to a house has been damaged by work carried out by contractors to an adjoining garden wall, who is liable to the house owner for the damage—the owners of the garden wall who employed the contractors or the contractors?

Where the wall to a house has been damaged by work carried out by contractors to an adjoining garden wall, who is liable to the house owner for the damage—the owners of the garden wall who employed the contractors or the contractors?

For the purposes of this Q&A, it is assumed that:

  1. there are no details of the nature or urgency of remedial works

  2. there are no details as to precise location of the wall

  3. the answer may differ if the Party Wall etc Act 1996 (PWA 1996) was (a) applicable, and if so (b) complied with

In the circumstances, the home owner could be held liable and proceedings could be issued against them.

As the wall in this Q&A adjoins both properties, it may be a party wall and therefore PWA 1996 may be relevant. PWA 1996 sets out prescribed notice procedures which must be followed if PWA 1996 is engaged. The home owner ought to have served a notice on the adjoining owner, setting out details of the proposed works including the proposed start date, and confirming that the notice is served pursuant to PWA 1996.

If such a notice was served by the home owner, then the adjoining owner would have had 14 days in which to consent or one month in which to serve a counter-notice if it objects to the works. In the

Related documents:

Popular documents