Planning to cut into a party wall for steel beams, remove a chimney breast, raise a garden wall, or open up a ceiling between flats?
Those are classic Section 2 activities under the Party Wall etc. Act 1996.
Here’s the clear, practical primer you can trust.
1) The Starting Point — Notice & Timing
If your works fall under Section 2, the Building Owner (or their surveyor) must serve a Party Wall Notice on the Adjoining Owner(s) at least 2 months before the works begin.
This starts the statutory clock and gives neighbours their legal response options (consent or dissent leading to surveyor appointment and an Award).
2) What Section 2 Actually Covers (Plain-English map to s.2(2)(a)–(n))
Section 2 is the widest category of notifiable works and includes, in summary:
- (a) Underpinning, thickening or raising a party structure/party fence wall, or an external wall built against a party structure/party fence wall.
- (b) Making good/repairing or demolishing & rebuilding a party structure/party fence wall where necessary due to defect or disrepair.
- (c) Demolishing a non-compliant separating partition between different owners and replacing it with a compliant party wall.
- (d) Demolishing & rebuilding non-compliant arches/structures over public ways/passages so they comply.
- (e) Demolishing a party structure that’s too weak/low for intended works and rebuilding it to adequate strength/height (including lower/thinner if still adequate).
- (f) Cutting into a party structure for any purpose (e.g., inserting a damp-proof course or steel beams for a loft conversion).
- (g) Cutting away from a party/party fence/external/boundary wall any footing, projection, jamb, flue or chimney breast on the Building Owner’s land to erect/raise/underpin that wall or for other purposes.
- (h) Cutting away/demolishing parts of the Adjoining Owner’s wall/building that overhang the Building Owner’s land/party wall to enable a vertical wall to be erected/raised.
- (j) Cutting into the Adjoining Owner’s wall to insert a flashing or other weather-proofing for a wall erected against it.
- (k) Any other works incidental to connecting a party structure with the premises adjoining it.
- (l) Raising a party fence wall, or raising it for use as a party wall; demolishing & rebuilding a party fence wall as a party fence wall or party wall.
- (m) (Subject to s.11(7)) Reducing, or demolishing & rebuilding, a party/party fence wall to:
- (i) ≥ 2.0 m where the wall is only used by the Adjoining Owner as a boundary wall; or
- (ii) a height currently enclosed upon by the Adjoining Owner’s building.
- (n) Exposing a party wall/structure previously enclosed, with adequate weathering.
In practice: Section 2 captures most works to the party wall/party fence wall/party structure (e.g., chimney breast removal, steel beam pockets, raising or rebuilding shared walls, installing DPC, cutting off projections) and many weathering/connection details.
3) Cost-Sharing Alert — Section 2(2)(b) & Disrepair
If your notice references Section 2(2)(b) and you intend works because of defect or want of repair, you may seek to apportion costs.
Key limiter: cost recovery here is only credible where the structure is in disrepair and the works are necessary on that account. Expect the surveyor(s) to require evidence (photos, reports) and to apportion costs reasonably.
4) Typical Real-World Examples (Do these? You’re likely in s.2 land.)
- Loft conversions: cutting steel beams into the party wall (s.2(2)(f)); raising/parapet alterations (a/e/l).
- Chimney breast removal: cutting away projections on your side (g) and forming padstones/infills (f/k).
- Damp proofing: cutting into the party wall for a DPC (f).
- Garden walls: raising/rebuilding a party fence wall (a, b, l, m).
- Flat conversions: works to party structures (ceilings/floors) between flats (a, b, f, k).
- Weathering: installing flashings into neighbour’s wall where your new wall abuts (j).
5) What a Good Section 2 Notice Should Include
- Correct owner details for all Adjoining Owners.
- Clear description of each s.2 work item (tie them explicitly to s.2(2)(a–n) where possible).
- Drawings/sections showing where you’ll cut/raise/underpin, with dimensions and levels.
- Method statements at headline level (e.g., “hand tools on party wall”, “non-percussive near fragile areas”).
- Proposed start date (respecting the 2-month minimum).
- Contact details and an invitation to discuss.
The clearer the notice, the easier/quicker surveyors can agree protections and produce a robust Award.
6) After the Notice — Responses, Surveyors & the Award
- The Adjoining Owner may consent or dissent.
- A dissent triggers appointment of an Agreed Surveyor or two surveyors (who also select a Third Surveyor).
- The Party Wall Award then sets the rules for time, manner and safeguards: e.g., hand tools on the party wall, temporary weathering, safe sequencing, access limits, and requirements to make good any damage.
- Once served, the Award gives the Building Owner the right to proceed (subject to its conditions).
7) Common Pitfalls (And How to Avoid Them)
- Vague works descriptions: Tie each task to the correct s.2(2)(a–n) ground.
- Under-estimating protections: Expect clauses like hand tools/non-percussive near sensitive fabric; proper temporary weathering; and careful cutting-out procedures.
- Assuming cost-sharing: You’ll need clear evidence of disrepair for s.2(2)(b) apportionment.
- Late service: The 2-month minimum is real—serve early to protect your programme.
Make Section 2 Works Straightforward
Email team@simplesurvey.co.uk with your drawings and a brief description of the works. We’ll confirm if Section 2 applies, what to put in your notice, and the fastest route to a compliant Award.
Simple Survey — Fixed Nationwide Costs (RICS-Qualified)
| Service | What’s included | Fixed price* |
|---|---|---|
| Party Wall Notice (per Adjoining Owner) | Drafting, validity checks, correct service & response tracking | £25 |
| Agreed Surveyor Award | Single impartial surveyor; tailored protections; service of Award | from £300 |
| Building Owner’s Surveyor (two-surveyor route) | Liaison, protections, drafting & service of Award | from £325 |
*Complex/structural schemes may need additional specialist input. We flag any extras up-front—no surprises.
Nationwide • Fixed fees • RICS-qualified • Experienced in lofts, extensions, basements
FAQ
Q1: I’m only inserting a small steel—do I still need a Section 2 notice?
If you’re cutting into the party wall (even for small beam pockets), that’s s.2(2)(f)—so yes, notice is required.
Q2: Can I recover part of the cost from my neighbour?
Only in limited circumstances—most commonly under s.2(2)(b) where there’s disrepair and works are necessary because of it. The surveyor(s) will assess reasonableness and apportionment.
Q3: We both agree informally—do we still need to serve a notice?
Yes. The Act is statutory; the correct notice and (where applicable) Award protect both sides and confer legal rights to proceed.
Q4: Does Section 2 give me access to my neighbour’s land?
Access may be granted via the Award where it is reasonably necessary for the notifiable works (typically under Section 8), and will be tightly controlled (extent, timing, protections).
Q5: How long should I allow from notice to Award?
Plan for the full 2-month notice period, plus time for surveyor appointments and Award drafting/agreeing if there’s a dissent. Serving early protects your build programme.
Ready to get Section 2 right first time?
team@simplesurvey.co.uk — fast, friendly and RICS-qualified.