Preserve evidence and address urgent safety
Record the location, date and nature of the problem, with photographs where appropriate. Compare it with the pre-work schedule of condition and keep relevant messages and drawings. Government guidance identifies a condition record as useful evidence when deciding whether building work caused damage. [2]
If the issue suggests immediate danger, the priority is safety and competent assessment, not waiting for a decorative-repair quotation. Keep people away from an unsafe area and seek urgent help appropriate to the circumstances. The Act requires safeguards where adjoining property is exposed and does not remove other statutory requirements. [1]
Avoid covering over the evidence before the parties or advisers have had a reasonable opportunity to inspect, except where urgent protective work is necessary. Keep a separate record of any emergency measures so that the original defect and subsequent intervention remain distinguishable. [2]
The building owner cannot simply redirect the complaint
The statutory compensation duty falls on the building owner for work executed under the Act. A statement that the builder carried out the operation does not itself dispose of that owner's responsibility to the neighbour. How the building owner then deals with the contractor or insurer is a separate question. [1]
Equally, compensation under this provision is linked to loss or damage resulting from the relevant work. A later crack is not automatically proof of causation. The construction sequence, existing condition and any technical investigation may need to be considered. [1][2]
Making good or payment
Where the Act requires damage to be made good, section 11(8) gives the adjoining owner a right to require the making-good expenses to be determined under section 10 and paid instead of having the building owner carry out the repair. [1]
Before agreeing a settlement, identify the affected finishes or structure, the proposed scope, the basis of the amount and whether further investigation is needed. Do not let a quick cosmetic repair substitute for resolving a question about movement or structural support. [1][3]
What can the surveyors do?
A dispute connected with qualifying work can be determined within the statutory surveyors' jurisdiction, including appropriate damage-related matters. The existing award and appointments should be reviewed to establish how the issue is to be handled. [4]
Consent to the original notice does not remove the compensation duty. Conversely, where no proper notice procedure was followed, do not assume an adjoining owner can create jurisdiction simply by appointing a surveyor afterwards; the Court of Appeal has confirmed important limits in that situation. Obtain legal advice about the available remedy. [1][5]
Prevention and financial protection
The pre-work condition record, clear construction details and agreed safeguards should be organised before the risky operations begin. For appropriate projects, section 12 allows an adjoining owner to require security for expenses, with the amount agreed or determined under the Act. This is separate from proving and resolving an actual damage claim, and no fixed security sum applies to every project. [2][1]