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diving in a bit late here, but it isn't as simple as the developer paying costs. if it is a prty wall, and the works to the wall benefit both f you, you may need to split costs. this is where most of the disagreements come from. third surveyors get involved, etc...
just to note - it is a party wall issue and they have not obeyed the act, this will be frowned upon, should any dispute arise
BRM-
Thanks for replying, I didn't notice till now. In this instance the new building itself is nice, it was just collateral damage to various bits of our garden.
I spoke to the surveyor, who said in this case (doubtless not all), the owner has to put things back as they were, using the materials originally used. In the end I got the developer to do it, I think once he found out I knew this information and his assurance that the state he'd left us in wasn't "good enough" (his words :)).
The lesson i'd take from this, is always have a survey done - the instigator of the works has to offer it at their expense before the project starts.
christianSpaceman
I'm no expert, and have picked this up over the past few weeks.
Having spoken to the surveyor this morning, I believe the owner rather than the builder. And the neighbours (mine in my case) property has to be left as it was, having used the same materials as were there before (e.g. a London stock brick wall has to be extended using London stock bricks - not a cheaper alternative).
I imagine a builders quote will (or at least should) include the fact that they will complete the work in accordance with the Party Wall Act. In practice, and from experience here, I imagine that some builders will try to cut as many corners as possible here, whilst simultaneously painting you as an unreasonably picky, demanding git to your neighbours.
You can ask a survey be done of your property at the project owners request, and that surveyor becomes the adjudicator in any disputes.