You’ve been served a Section 1(2) notice under the Party Wall etc. Act 1996: your neighbour (the Building Owner) wants to build a party wall astride the boundary line—a true, shared party wall. The first thing to know is you don’t have to agree. You’re entitled to say, “No thanks—build it up to the line on your land,” i.e. a Section 1(5) wall wholly on the Building Owner’s side.
So, should you agree to a wall astride the boundary—or decline and insist it’s set wholly on your neighbour’s land? Here’s a clear, practical guide to help you choose.
Your Options at a Glance
- Consent to a Section 1(2) wall (astride the boundary)
You’ll share ownership of the wall. It becomes a party wall. - Refuse consent to a Section 1(2) wall
Your neighbour must instead build up to the boundary (Section 1(5)). That wall will sit wholly on their land. It’s not a party wall.
Both routes are lawful. The choice is about long-term practicality, future development and neighbourly fit.
Why a Section 1(2) Party Wall Can Be Beneficial
If you’re on the fence, there are three compelling reasons many Adjoining Owners choose to agree to a wall astride the boundary:
1) Future flexibility: you can build off it later
If, down the line, you want your own extension, a shared party wall can be a head start. You can generally enclose upon the existing party wall (subject to the Party Wall process at that time), and you may be liable for a fair contribution under Section 11(11) for the benefit you gain. It’s not a “penalty”—it’s a cost-sharing mechanism reflecting the value you’ve inherited by not needing a brand-new wall.
2) You’ll likely achieve a wider internal footprint
When both owners ultimately extend, a shared wall avoids “wall-beside-wall” thicknesses. Internally, that can translate into more usable width compared with each party building a separate wall on their own land. On tight plots, those extra centimetres matter.
3) Simpler foundations when you extend
If you later build alongside a neighbour’s wall that is wholly on their land, you can end up with hit-and-miss bay foundations or awkward foundation sequencing. With a shared wall, your future design often becomes cleaner: you extend off the party wall, rather than having to tip-toe beside someone else’s structure.
When You Might Prefer a Section 1(5) Wall (Wholly on Their Land)
There are times refusing a wall astride the boundary is the more comfortable decision:
- You want clear title and no shared structure.
- You’re unsure about long-term plans and prefer to avoid future contributions under Section 11(11).
- You simply want your neighbour’s wall to be their responsibility, not yours in part.
If you refuse consent to a 1(2) wall, your neighbour must build on their side only. You’ll still have the protection of the Act for adjacent excavation (Section 6) or works to party structures (Section 2) if any become relevant elsewhere.
Practical Safeguards Either Way
Whichever route you choose, the Act offers sensible safeguards:
- Access (if needed) is controlled under Section 8 and, if awarded, will be limited, timed and regulated.
- Technical risk is regulated by the Party Wall Award, which sets method, timing and protections.
How to Decide—A Simple Checklist
- Future plans: Are you likely to extend? If yes, a shared wall could save cost and space later.
- Relationship & trust: A 1(2) wall is shared; good neighbourly relations help.
- Title preferences: Some owners prefer absolute clarity: “your wall, your land.”
- Design practicality: Speak to your designer/engineer about the construction pros and cons.
- Cashflow vs. value: A future Section 11(11) contribution is often cheaper than building a brand-new wall from scratch later.
Our Recommendation
If your relationship is cordial and both properties are likely to extend over time, consenting to a Section 1(2) wall can be strategic: you gain future buildability, a bigger internal footprint, and reduced foundation gymnastics when your turn comes.
If you value separation, want minimal entanglement, or have no plans to extend, ask for a Section 1(5) wall on your neighbour’s land. That’s equally valid.
Either way, have a Party Wall Surveyor review the notice and drawings so your position is clear, your rights are protected, and the Award—if needed—captures the right safeguards.
Keep Costs Sensible with Simple Survey
Our ultra-low, transparent 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)
Not sure whether to consent to a Section 1(2) wall?
Email your notice and plans to team@simplesurvey.co.uk. We’ll give you a clear, plain-English steer on pros/cons for your plot, flag any risks, and outline the next steps—so you can consent (or refuse) with confidence.