Section 1 of the Party Wall etc. Act 1996 deals with new walls at the line of junction (the boundary). There are two common routes:
- s.1(2): Build astride the boundary (half on each owner’s land) — requires the Adjoining Owner’s written consent.
- s.1(5): Build a new wall wholly on the Building Owner’s land, up to the boundary — no consent required, but notice is still required.
1) Building Astride the Boundary — s.1(2)
- You must serve a Line of Junction Notice at least 1 month before your proposed start.
- The Adjoining Owner must consent in writing for an astride wall.
- No reply is not consent. Silence effectively means no consent, so you cannot build astride.
2) Building Wholly on Your Own Land — s.1(5)
- You must serve a Line of Junction Notice at least 1 month before your proposed start.
- The Adjoining Owner cannot prevent those works from taking place.
3) Practical Tips to Improve the Chances of s.1(2) Consent
- Talk first: Share intent early and be open to questions.
- Provide drawings: Show wall thickness, finish details, and any shared benefits.
- Explain maintenance and access: How future upkeep will work can be decisive.
FAQs
Q1. What does building astride the boundary mean?
Building astride the boundary means constructing a wall that sits directly on the boundary line and is shared between two neighbouring properties.
Q2. What does building up to the boundary mean?
Building up to the boundary means constructing a wall entirely on your own land but directly adjacent to the boundary line.
Q3. Do you need neighbour consent to build astride the boundary?
Yes. Because the wall sits on both properties, neighbour consent is usually required before construction can proceed.
Q4. Is a Party Wall Notice required for boundary construction?
Yes. If the work falls under the Party Wall Act, you must serve a Party Wall Notice before beginning construction.
Q5. How are boundary disputes resolved under the Party Wall Act?
If neighbours disagree, party wall surveyors are appointed to assess the situation and issue a Party Wall Award outlining how the work should proceed.
Want this handled correctly the first time?
Email team@simplesurvey.co.uk—Simple Survey are the lowest-cost party wall surveyors across England & Wales. We’ll draft and serve compliant notices, advise on the right route (s.1(2) vs s.1(5)), and manage any s.2/s.6 Awards so your build stays lawful and on schedule.