Real risk versus perceived risk: putting a notice in perspective

A notice is a procedure, not a prediction of damage

A letter referring to excavation, cutting into a party wall or structural work can sound alarming. Your home matters to you, and it is understandable to imagine the worst when you have little information about what is proposed.

But a notice tells you that particular works fall within a statutory procedure. It does not tell you that your property is likely to be damaged. The requirement to notify you and the likelihood of damage are different questions.

What could happen is different from what is likely to happen

Perceived risk is the danger you feel. Actual risk concerns the likelihood of a problem occurring and the seriousness of its consequences, taking account of the particular building, the proposed work and the precautions used.

Hearing that work “could cause cracking” identifies a possibility. It does not establish that cracking is probable. Nor does a possibility of minor damage mean serious structural damage is likely.

A useful explanation should connect the concern to the actual proposal: what could go wrong, why it might happen here and what would reduce the risk.

In practice, the risk is often much lower than feared

In Coburns’ practical experience, many adjoining owners initially picture far more serious consequences than arise during ordinary domestic party wall work. The risk of actual damage in routine matters is often much lower than that first impression suggests.

This is an observation from practice, not a guarantee or a prediction for every property. A carefully planned loft conversion involving localised beam pockets is a different proposition from a deep basement excavation beside a vulnerable building. Neither should be assessed simply by how alarming the wording in the notice sounds.

The sensible starting point is the drawings and the circumstances. Ask whether there is a specific reason for concern, rather than assuming that all notified work carries the same risk.

What actually affects the risk?

• The type, extent and depth of the work.
• The condition and construction of the adjoining building.
• The relationship between excavation and existing foundations.
• The structural design, temporary support and proposed sequence.
• The competence of the contractor and how the work is carried out.
• Suitable protection, monitoring where justified, and a clear response if a problem develops.

These matters deserve proportionate attention. A long list of possible disasters, without an explanation of their relevance to your property, is not a useful risk assessment.

Protection can be useful even where the risk is low

A low risk does not make precautions pointless. Appropriate arrangements for support, weather protection and the time and manner of relevant work can address foreseeable problems. Where an award is needed, its conditions should suit the works and the adjoining property.

A record of the property’s condition can help compare the before and after position if damage is alleged. It records evidence; it does not itself stop damage.

For many owners, the immediate concern is inconvenience: noise, dust, access and disruption. Sensible arrangements can make those effects easier to manage even if no damage occurs.

Ask for evidence, not reassurance or alarm

Before deciding how to respond to the notice, ask:

• What particular part of the work could affect my property?
• Is the concern about minor finishes, structural stability or inconvenience?
• What information supports that concern in this case?
• What practical measure would address it?
• What should happen if damage or unexpected movement appears?

Be cautious of a surveyor who relies on frightening possibilities to sell an appointment without explaining their likelihood or relevance. Equally, an unexplained assurance that “nothing can go wrong” is not a substitute for considering the proposal.

Make the decision on the particular work

Do not dissent merely because a notice sounds technical, and do not consent merely because someone says damage is uncommon. Understand the proposed work, resolve material uncertainties and choose proportionate protection.

If the documents reveal a significant concern, seek advice about it. If the concern is mainly an understandable fear of unfamiliar building work, a clear explanation may do more to help than escalating the matter.