Overview
Damage can sometimes occur during notifiable works. When it does, one of the first questions is whether fresh party wall notices are needed before the damage is repaired.
The answer depends on the repair work, who is carrying it out and whether the repair is already covered by the existing party wall process.
Start with the repair itself
Not every repair is notifiable. If the remedial work does not fall within section 1, section 2 or section 6 of the Party Wall etc. Act 1996, no fresh party wall notice is usually required.
For example, ordinary plaster repair, decoration or making good inside the adjoining owner's property will not normally require a new notice.
However, if the repair involves work that is itself notifiable, the position needs more care.
If the building owner's contractor carries out the repair
Where damage has resulted from notifiable works, repairs carried out by the building owner's contractor are usually treated as part of the building owner's responsibility to make good or compensate.
In many cases, the existing award or the surveyors' continuing jurisdiction over damage is enough to deal with the issue without starting the entire party wall process again.
If the adjoining owner wants to use their own contractor
If the adjoining owner wants their own contractor to carry out work, the position depends on the scope of that work.
If the work is simple making good, a fresh notice is unlikely to be needed. If the work itself involves cutting into, altering or otherwise working on a party wall or party structure, the parties should consider whether it needs to be authorised by agreement, a further award or, in some cases, a fresh notice.
Can notice be waived?
Owners can often agree practical arrangements and shorten timetables, but care is needed. If work is genuinely notifiable, the safer approach is to document the agreement clearly rather than rely on an informal understanding.
A written agreement, a supplemental award or a clear record from the surveyors will usually avoid later arguments.
Who pays?
If the repair would not have been needed but for the original works, the building owner will normally be responsible for the reasonable cost.
Where extra or improved works are carried out at the same time, costs should be apportioned fairly. The building owner should not be asked to pay for betterment or unrelated works.