Section 1 , New Walls through the eyes of the Party Wall etc. Act 1996

Simple Survey — Local Party Wall Surveyors

If you plan to build a wall on or right next to the boundary between two properties, Section 1 of the Party Wall etc. Act 1996 will usually apply. Follow it correctly from the start to reduce the risk of delays, disputes or legal action.


What Section 1 covers

Section 1 applies when you intend to:

  • Construct a wall that stands astride the dividing line (a true party wall), or
  • Erect a wall up to the boundary (but entirely on your side of the line).

Either scenario requires that the owner of the neighbouring property is informed before work begins.


What you must do

  • Serve written notice: Give the adjoining owner a Section 1 notice at least one month before you begin those works.
  • Allow a response: The neighbour can agree, ask for changes, or object. If they object (or no agreement is reached), the statutory dispute process under the Act will apply, usually involving appointed surveyors and a Party Wall Award.
  • Start only when compliant: If you build wholly on your land up to the boundary, you still must notify the neighbour — they cannot lawfully stop you merely for building to the line (other laws may still apply). If you propose a wall that will be shared on the line of junction, neighbour consent or the party wall procedure is required.

Can a neighbour stop me?

Not automatically.

  • Building entirely on your land up to the boundary: you must notify, but neighbours cannot prevent you on that ground alone.
  • Building a wall astride the boundary (creating a shared wall): the neighbour’s agreement is needed; refusal triggers the Act’s dispute resolution rather than an immediate veto.

Domestic vs. commercial projects — what’s different?

The law is the same, but practical implications vary:

  • Domestic projects (e.g., garden walls, small extensions): usually involve fewer neighbours and simpler arrangements.
  • Commercial or large developments: often need multiple notices, technical reports and tighter coordination because they can affect more properties and involve complex foundations or plant.

Larger schemes typically require more thorough management to keep risks and delays to a minimum.


Why use a Party Wall Surveyor?

Getting notices wrong can stop work, add cost, or lead to court action. A qualified Party Wall Surveyor will:

  • Confirm whether Section 1 applies to your plans;
  • Draft and serve the correct notice;
  • Advise if neighbour(s) dissent and manage the appointment of surveyor(s);
  • Produce or negotiate the Party Wall Award where needed;
  • Help minimise disruption so your project can progress.

Quick action checklist

  • Is the wall on or up to the boundary? → Yes → Serve a Section 1 notice.
  • Has the notice been given at least 1 month before starting? → Check and document it.
  • Did the neighbour object? → Appoint surveyor(s) and follow the statutory procedure.

Need help with Section 1?

If you’d like straightforward, practical help with a Section 1 notice — domestic or commercial — contact us. We prepare and serve notices, manage responses, and deliver affordable Party Wall surveying services across England & Wales.

📩 Email: team@simplesurvey.co.uk — the most cost-effective Party Wall Surveyors in England & Wales.