What is the burden of proof in the party wall?

The burden of proof in a party wall dispute refers to the responsibility of providing evidence to support claims, especially when damage or legal issues arise due to construction. Typically, if an adjoining owner claims that the building owner’s construction work has caused damage to their property, it is up to the adjoining owner to prove that the damage resulted directly from the construction.

This is where a party wall surveyor plays a crucial role. A pre-construction survey, known as a schedule of condition, is often carried out to document the state of the adjoining property before work begins, helping establish whether any damage was pre-existing.

For the building owner, the burden of proof can involve showing that their work complies with the Party Wall Act 1996 and that they took reasonable steps to minimise risk to the neighbouring property. If disputes arise, surveyors appointed under the Party Wall Act are tasked with evaluating the evidence, such as reports or site visits, to make fair and impartial decisions.

Ultimately, both parties need to provide clear, documented evidence to support their claims in order to resolve any disputes over damage, negligence, or breaches of the party wall agreement.