Been served (or about to serve) a Section 1 “Line of Junction” notice?
Section 1(2) of the Party Wall etc. Act 1996 can trip up even seasoned renovators. The headline: there is no automatic right to build a new wall astride the boundary line. You may desire to—your neighbour must agree to it.
Below, we decode Section 1(2), show how it interacts with Section 1(5), and set out a sensible, low-risk strategy for notices, timings and access.
The statutory wording — and why “desires” matters
Section 1(2):
If a building owner desires to build a party wall or party fence wall on the line of junction, he shall, at least one month before he intends the building work to start, serve on any adjoining owner a notice which indicates his desire to build and describes the intended wall.
Key implications
- “Desires” = asks permission. A new wall astride (sitting on) the boundary only happens with the adjoining owner’s consent.
- No consent → no astride wall. Your fallback is a wall wholly on your own land under Section 1(5).
Section 1(5):
If the building owner desires to build… a wall placed wholly on his own land on the line of junction, he shall… serve notice at least one month before works.
Best practice for your notice
To avoid a full reset if consent to 1(2) is refused, draft one notice that:
- Expresses your desire under 1(2) to build astride; and
- States a fallback under 1(5) (wholly on your land) if consent is not given.
This way, you won’t need to re-serve and restart the clock if your neighbour says no to an astride wall.
Responses, timings & validity
- Initial response window: 14 days from service of the notice.
- No reply: serve a further 10-day notice (statutory chaser).
- Minimum lead-in: Section 1 notices must be served at least 1 month before the intended start date.
- Allow for post: if served by post, add the customary 2 days for deemed service.
- Life of a notice: works must commence within 12 months of service or you’ll need to re-serve.
Tip: Even if your neighbour is friendly, put everything in writing. Verbal consent isn’t valid under the Act.
What if the neighbour refuses 1(2)?
- You cannot force an astride wall.
- You proceed under Section 1(5) and build the new flank wall wholly on your land.
- You will still benefit from statutory access to the adjoining land (see below) to enable construction where reasonably necessary.
Access to build (yes—even if they said no to 1(2))
Section 8 of the Act allows temporary access onto the adjoining owner’s land to execute works that are notifiable under the Act, including Section 1 walls. Access is:
- Limited to what’s reasonably necessary;
- Time-bound (not an open-ended licence);
- Controlled by protections set out in a party wall Award (e.g., fencing/hoarding, temporary ground protection, working hours, making good).
Refusing access once properly awarded is not an option—the right arises under statute.
When might an astride wall actually make sense?
If consent is given to 1(2), both owners share a single wall on the boundary. Advantages can include:
- Space efficiency: one wall rather than two parallel walls.
- Future “making use” rights: an adjoining owner may later enclose on the wall for their own extension (subject to the Act), typically with enclosure costs payable under Section 11(11).
- Uniform detailing/weathering at the boundary.
If the adjoining owner doesn’t want those implications or prefers clear control, they’ll often decline 1(2).
Drawings & detail to include with your notice
To speed decisions (and avoid disputes), append:
- Plan & section showing the boundary and wall position for both 1(2) and the 1(5) fallback;
- Foundation type & depth (so the neighbour can understand risk);
- Proposed protections during access (e.g., fencing/ground protection);
- Intended start date (respecting the one-month statutory lead-in).
Common pitfalls (and how to avoid them)
- Serving only 1(2).
If declined, you’ll need to re-serve under 1(5) and lose weeks. Serve one notice that covers both. - Promising what you can’t guarantee.
Don’t tell your builder you’ll “get” an astride wall. It’s consent-based. - Skipping the Award for access.
Even for 1(5) works, access terms should be awarded (extent, timings, protections). It keeps neighbours comfortable and contractors compliant. - Late service.
Section 1 needs one month minimum—and you still have to allow for owner responses and any Award. Start early.
Quick decision tree
- Do you want a wall astride the boundary?
→ Serve Section 1(2) and include 1(5) fallback. - Neighbour consents to 1(2)?
→ Proceed astride (plus Award if access/protections are required). - Neighbour refuses or stays silent?
→ Proceed under 1(5) (wholly on your land) with Section 8 access awarded as needed.
Get this right first time
Speak to Simple Survey (RICS) — Nationwide, Fixed Fees, Plain English
Email team@simplesurvey.co.uk with your plans and we’ll draft a dual-route Section 1(2)/1(5) notice and map the fastest compliant route to site.
Simple Survey — Fixed Nationwide Costs (Guide)
| Service | What you get | Fixed Fee (incl. VAT) |
|---|---|---|
| Party Wall Notice (per Adjoining Owner) | Drafting, validity check, service & tracking (1(2) + 1(5) fallback included) | £25 |
| Agreed Surveyor Award | One impartial surveyor acting for both owners | £300 |
| Building Owner’s Surveyor Award | Acting as Building Owner’s Surveyor in a two-surveyor setup | £300 |
| Access/Method Addendum | Tailored access provisions for Section 8 | Included as above |
| Complex Engineering Input | Only if proportionate/necessary | Variable (not Simple Survey Fees) |
Our fees are always fixed. We’re nationwide. We’re both experienced and RICS-qualified.
FAQ — Section 1(2) and building astride the boundary
Q1: Can my neighbour charge me for agreeing to an astride wall?
No direct “permission fee” under the Act. However, both parties should expect a proper Award dealing with protections and responsibilities. (Separate private bargains are outside the Act—take legal advice before agreeing any.)
Q2: If my neighbour refuses 1(2), can I still build right next to the boundary?
Yes. That’s Section 1(5)—a wall wholly on your land. You’ll usually need temporary access (Section 8), set out in an Award.
Q3: Do I need an Award for 1(2) if my neighbour consents?
If access or protections are required, an Award is strongly advisable to set clear, enforceable terms. It also helps avoid misunderstandings on site.
Q4: What happens if I only serve a 1(2) notice and they say no?
You must re-serve under 1(5) and restart timings. Avoid delay by serving a combined 1(2) notice with a 1(5) fallback from the outset.
Q5: How long before I can start?
Section 1 requires at least one month prior to the intended start date. Add time for responses (14 days + possible 10-day chaser) and any Award. Start the process early.
Q6: Can I be injuncted if I just go ahead astride without consent?
Yes—building astride without consent or valid process risks an injunction, costs, and potential rebuild.
Q7: Will my neighbour get future rights over an astride wall?
Yes—an astride wall is a party wall. In future, your neighbour may be able to enclose upon it (subject to the Act), typically with enclosure costs payable.
Ready to move forward—safely and quickly?
Email team@simplesurvey.co.uk for compliant notices, watertight access provisions, and fixed-fee Awards.
Simple Survey — RICS-qualified, nationwide, fixed fees.