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.
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.