Neighbour Demolishing a Chimney Breast Without Serving Notice and Damage Under Buildings Insurance

by The Party Wall Surveyor

Question

My son’s neighbour is demolishing a chimney breast without telling my son, giving the appropriate notice, or getting Buildings Regulation approval.  If some damage is caused to my son’s side of the party wall, would this be considered as accidental damage or malicious damage,  under buildings insurance cover?

Answer

I would say accidental damage but I expect you insurers would want you to make a claim if your neighbour was not willing to repair the damage. You would be in a strong position if they have ignored the procedures required by The Party Wall Act.