Section 1 of the Party Wall etc. Act 1996 applies when a building owner plans to construct a new wall along the boundary (known as the line of junction) between their land and a neighbour’s property. It sets out the legal steps that must be followed, including the requirement to notify the adjoining owner before works begin.
When Section 1 Applies
This section is relevant if you intend to:
- Build a new party wall shared with your neighbour.
- Construct a party fence wall (for example, a brick garden wall) on the boundary.
- Erect a new external wall directly on, or very close to, the boundary line.
Serving a Section 1 Notice
Before starting work, the building owner must serve a Section 1 Notice at least one month in advance.
The notice must include details such as:
- The proposed position of the new wall.
- The type of wall (party wall, party fence wall, or external wall).
- Construction details and specifications.
The adjoining owner then has 14 days to respond.
How the Adjoining Owner Can Respond
- Consent
- If the neighbour agrees, the works can proceed as set out in the notice.
- No further action under the Act is required.
- Dissent
- If the neighbour does not agree, a dispute is considered to have arisen.
- Each party must appoint a Party Wall Surveyor (or agree to one surveyor acting for both).
- A legally binding Party Wall Award will be prepared to regulate the works.
- No Response
- If no reply is received within 14 days, the law treats this as dissent.
- The building owner must appoint a surveyor, and the adjoining owner is invited to do the same.
- If they fail to appoint, the building owner may appoint one on their behalf.
Rights and Limitations Under Section 1
- With consent, the building owner can build astride the boundary (creating a shared party wall).
- Without consent, the wall must be built entirely on the building owner’s land, but right up to the boundary line is permitted.
Costs and Ownership
- If the wall is built wholly on the building owner’s land, they cover the entire cost.
- If a shared wall is agreed and built astride the boundary, costs are split fairly, reflecting the benefit to each party.
- If, in the future, the adjoining owner makes use of the wall, they may need to pay a contribution to the original builder.
Key Points to Remember
✔ A Section 1 Notice must be served at least one month before works begin.
✔ Neighbours have 14 days to respond – by consenting, dissenting, or not replying.
✔ Disputes trigger the appointment of surveyors and a Party Wall Award.
✔ Without consent, the wall must remain entirely on your side of the boundary.
✔ Costs depend on location and use of the wall.
📩 Need guidance on serving a Section 1 Notice or drafting a Party Wall Award?
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