Section 2(2)(b) is short but powerful.
It gives a Building Owner the right to “repair or demolish and rebuild” a party structure (including a party wall or party fence wall) where it is defective or in disrepair.
Crucially, when this section is used, the costs don’t automatically fall on the Building Owner. Instead, the Act allows surveyors to apportion the cost of the works—and the surveyors’ fees—between the two owners, in proportion to use and responsibility for the defect (see also s.11(4)–(5)).
In plain English: if the wall needs fixing because it’s in poor condition (not because someone wants an extension), the Adjoining Owner can be asked to pay a fair share.
When does 2(2)(b) apply?
- The works are necessary because the party structure is defective or suffering want of repair (e.g., unstable brickwork, failed coping, spalled masonry, leaning or fractured garden party fence wall).
- The proposed works are repair, or demolish-and-rebuild due to that defect—not improvements or thickening for a private project.
If the wall is sound and the Building Owner wants to alter it for their own development (loft steels, extensions, etc.), that’s not a 2(2)(b) case—and the Building Owner typically pays.
Who pays what under 2(2)(b)?
Under section 11(4)–(5), surveyors decide contributions by looking at:
- Use: who benefits from the wall/structure and to what extent (e.g., both sides use a shared garden wall as a boundary wall).
- Responsibility for the defect: has one side contributed to the failure (poor maintenance, loads, alterations, water discharge, vegetation, etc.)?
The outcome is often a split, which may be 50/50, 60/40, 70/30—whatever is reasonable on the facts. The surveyors’ reasonable fees for administering the matter are apportioned the same way.
Why Adjoining Owners need to be alert
Because 2(2)(b) can shift part of the bill onto you. If your neighbour serves a Party Structure Notice citing repair or rebuild for defect/want of repair, your surveyor should immediately:
- Verify the defect: Is it genuine, not just a pretext for development works?
- Clarify scope: Ensure the specification is limited to what’s reasonably required to address the defect.
- Separate repair vs. improvement: Any betterment or development-related works should be costed to the Building Owner, not blended into a “repair” bill.
- Apportion fairly: Argue apportionment based on use and responsibility, with evidence (photos, historic maintenance, gutters/drainage, vegetation, loading, alterations).
- Record costs transparently: Materials, labour, prelims, access, plus surveyors’ fees—all clearly split in the Award.
A good party wall surveyor will flag the 2(2)(b) risk early so Adjoining Owners aren’t blindsided by unexpected work costs and professional fees.
Typical scenarios
- Perished party fence wall (garden walls): Long-term frost damage and leaning. Failed Brickwork. Damage as a result of a tree. Surveyors agree demolition and rebuild like-for-like; costs split 50/50; fees split the same.
- Defective brick party wall: Historic saturation due to one side’s failed guttering; heavier contribution falls on the side responsible for the water ingress.
- “Repair” with hidden upgrade: Building Owner tries to include extra height or special foundations. Surveyors strip out non-repair elements—those sit outside 2(2)(b) and are paid for by the Building Owner.
How it’s formalised
If the Adjoining Owner dissents to the notice, surveyor(s) are appointed under Section 10 to agree a Party Wall Award that will:
- Confirm the defect and statutory basis (2(2)(b) + 11(4)–(5));
- Approve the necessary works only;
- Set method and timing (e.g., hand tools near sensitive elements, dust/noise controls);
- Deal with access where necessary (s.8);
- Apportion the works costs and surveyors’ fees with reasons;
- Set payment mechanics (on completion/interim, evidence required, VAT status, etc.).
If either owner thinks the Award is wrong in law or jurisdiction, they can appeal to the County Court within 14 days of service.
Practical tips
- Evidence matters: Photos, videos, drainage records, prior alterations—bring them.
- Keep “repair” pure: Don’t let upgrades creep into a 2(2)(b) scope.
- Discuss access early: It affects programme and cost.
- Separate packages: If the Building Owner also wants improvements, put them in a separate, self-funded scope.
Keep costs predictable with Simple Survey
We’ll confirm whether your case genuinely falls under 2(2)(b), protect you from footing the bill for non-repair works, and produce a clear, enforceable Award with fair apportionment.
Transparent, low fees:
- 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)
Next step (fast & simple):
Email your plans and the notice (or draft) to team@simplesurvey.co.uk with your address. We’ll confirm whether 2(2)(b) applies, explain likely apportionment, and set out a fixed-fee route to a robust Award.
Simple Survey — the most cost-effective Party Wall surveyors in England & Wales.