Planning a new side or rear extension and need a brand-new wall along the boundary?
That’s exactly what Section 1 of the Party Wall etc. Act 1996 covers. This guide explains what a Section 1 Notice is, the response options for your neighbour, when you can (and can’t) build astride the boundary, and how Section 8 access rights help you actually get the wall built.
What is a Section 1 Notice?
A Section 1 (Line of Junction) Notice is served when a Building Owner intends to construct a new wall along or near the boundary with an Adjoining Owner. The Act recognises two common scenarios:
- Section 1(2) – proposing a party wall astride the boundary line (a “1(2) wall”).
- Section 1(5) – proposing a wall wholly on your own land, right up to the boundary (often called a “1(5) wall”).
You must serve the notice at least one month before the intended start. Serve a separate notice for each relevant neighbour (freeholder and any long leaseholders).
Building astride vs up to the boundary
Building astride the boundary (Section 1(2))
- This requires the Adjoining Owner’s written consent.
- If your neighbour consents within 14 days, you can build a shared party wall astride the boundary. Costs and future use may be apportioned per the Act and any award.
- If they refuse or do not consent in writing within 14 days, you cannot build astride. You must switch to a wall entirely on your land (1(5) route).
Building up to the boundary (Section 1(5))
- You do not need the Adjoining Owner’s consent to build a wall wholly on your land up to the line of junction.
- After your one-month notice period, you may proceed.
Tip: Even for a 1(5) wall, sharing outline drawings with your neighbour often smooths the path and avoids last-minute objections about logistics, scaffolding or finishes.
How neighbours can respond to a Section 1 Notice
- To a 1(2) (astride) notice:
- Consent in writing (within 14 days) → you can build astride as proposed.
- Refuse or do nothing → astride is not allowed; you must revert to a 1(5) wall on your own land.
- To a 1(5) (up to boundary) notice:
- There is no veto on you building a wall wholly on your land. After one month, you may proceed.
- Your neighbour can still raise sensible practical points (e.g., access arrangements, finishes to their side once exposed)—these are best addressed early via your surveyor to prevent friction.
Do I get a right of access to build the wall?
Yes—Section 8 of the Act provides a statutory right of access to the Adjoining Owner’s land when access is necessary to carry out works in pursuance of the Act (which includes Section 1 works). Key points:
- You must give 14 days’ notice of the intended access (unless emergency).
- Access is restricted to what’s reasonably necessary and at reasonable times.
- Expect to provide temporary protection, keep areas safe and clean, and remove scaffolding/plant promptly once no longer needed.
- If finishes to the neighbour’s side are necessary (e.g., fair-face brickwork), that can be resolved via surveyors or set out in an Award.
Practical reality: Clear access clauses tied to your Section 1 Notice—and, where helpful, a short Party Wall Award—keep the build moving and avoid wrangles at the gate on day one.
What should the Notice include?
- Building Owner & Adjoining Owner names and addresses.
- Property addresses affected.
- A clear description of the proposed wall (astride, or wholly on your land), alignment and intent on foundations.
- Proposed start date (not earlier than one month from service).
- If you’re proposing astride the boundary, state that you’re seeking written consent.
- If projecting footings are necessary, confirm they are not special foundations (or seek written consent if they are).
Common pitfalls that cause delay
- Asking to build astride without recognising your neighbour’s absolute right to refuse.
- Forgetting the one-month statutory notice period for 1(5) works.
- Assuming access is automatic without serving a Section 8 access notice.
- Designing reinforced foundations straying onto the neighbour’s land without their express consent.
Get a surveyor to review your drawings before serving—small tweaks now can save weeks later.
Where a short Award helps
Although Section 1 doesn’t always require a full Party Wall Award, a concise Award can be invaluable to:
- Record access terms (timings, scaffolding locations, temporary protection).
- Agree finishes and weathering where a face of wall will be exposed to the neighbour.
- Minimise disputes about noise windows, deliveries and site behaviour.
Keep costs sensible with Simple Survey
Transparent, low-cost pricing:
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted)
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee (depends on complexity and number of notices/owners)
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side (we work to keep your neighbour’s surveyor’s hourly fees reasonable and contained)
We’ll review your plans, confirm whether 1(2) or 1(5) applies, draft robust notices, and—where helpful—put a tight Award in place that secures access and keeps programme risk low.
Ready to get your Section 1 Notice out the door?
Email your drawings and site address to team@simplesurvey.co.uk. We’ll confirm the correct route (astride vs up-to), prepare compliant notices the same day, and—if needed—structure access under Section 8 so your builder can crack on without neighbourly friction.
Simple Survey — the most cost-effective Party Wall surveyors in England & Wales.