Have you been served a Section 2 Party Structure Notice and spotted a reference to Section 2(2)(b)? Or are you considering serving one yourself?
Don’t sleep on this clause — it’s one of the most misunderstood (and occasionally most expensive) parts of the Party Wall etc. Act 1996.
Below we unpack what it means, when it applies, how costs are shared, and how to handle disagreements confidently.
What Section 2(2)(b) actually says — in plain English
The right:
“to make good, repair, or demolish and rebuild, a party structure or party fence wall in a case where such work is necessary on account of defect or want of repair of the structure or wall.”
The key phrase is “necessary on account of defect or want of repair.”
This is not about improving a wall for a new project. It’s about remedying a genuine defect (movement, cracking, bulging, spalled brickwork, failed pointing, water ingress, frost damage, tree root impact, etc.). When works are truly remedial, the Act then looks at who pays what.
Who pays? Section 11(5) — the apportionment test
When 2(2)(b) is engaged, Section 11(5) requires the Building Owner and Adjoining Owner to share the expense having regard to:
- (a) Use each owner makes (or may make) of the wall/structure; and
- (b) Responsibility for the defect or want of repair (if both use the wall).
In practice:
- A full-height party wall enclosing both properties is typically shared use.
- If the primary cause lies on one side (e.g., a leaking downpipe left unrepaired, aggressive vegetation, defective detail), a greater share can be directed to that side.
- Reasonable surveyor costs specifically attached to the 2(2)(b) defect issue may also be apportioned.
Not 2(2)(b): Development-driven alterations (e.g., thickening/raising a wall for an extension) without a genuine defect. Those costs sit with the Building Owner and should not be shifted under 11(5).
Typical scenarios where 2(2)(b) arises
- Tree root impact: Roots undermining foundations; cracking or lean.
- Deferred maintenance: Long-term water ingress, failed mortar/brick faces, frost action.
- Localised causation: One owner’s pipework/guttering saturating the wall over time.
- Historic poor repair: Prior inadequate works that have failed.
Evidence you’ll need (and why it matters)
Because 2(2)(b) can move costs, expect scrutiny. Strong files make smooth apportionments:
- Condition narrative: What’s defective, where, and how bad?
- Cause analysis: Likely mechanism (water, roots, age, overloading, detailing).
- Proportionate scope: Keep to what’s necessary to remedy. Avoid “improvement creep.”
- Photos/mark-ups & simple sketches: Make it obvious for everyone.
- Engineer input (when proportionate): If stability or design options are in play.
Common friction points (and how to defuse them)
- “You’re upgrading, not repairing.”
Tie everything back to necessity and visible condition. Keep proposals proportionate. - “Why should I pay your surveyor?”
Section 11(5) allows reasonable remedial-related fees to be shared where appropriate. Keep time records clear and scope-limited to the defect. - “Your solution is gold-plated.”
Offer options: minimal safe repair vs. betterment. If improvement is chosen, only the necessary repair element should be considered for apportionment. - “I don’t agree with your causation.”
Use contemporaneous photos, simple testing (moisture readings, CCTV of drainage), and neutral engineer commentary where justified.
Practical, step-by-step: serving or responding to a 2(2)(b) notice
- Check it’s really 2(2)(b): Is there a defect or want of repair? If not, use the development rights in Section 2 for project works — but don’t expect cost sharing.
- Serve a valid notice: Cite Section 2(2)(b) and describe the defect and necessary works clearly.
- Expect a dissent: Many adjoining owners will dissent to secure surveyor oversight; that’s normal.
- Surveyors assess scope & responsibility: Agree the minimum necessary remedy and propose fair apportionment under 11(5).
- Agree an Award: This will record scope, method, timings, protections, cost-sharing logic and fees.
- Payment mechanics: Confirm who pays what, when — and how any variations are handled.
- If disagreement persists: The two surveyors may refer points to the Third Surveyor for a binding determination.
When to seek specialist input
- Structural instability or safety concerns.
- Heated causation disputes (e.g., alleged defective works on one side).
- Complex moisture/drainage investigations.
- Material apportionments where fairness must be justified in detail.
Key takeaways
- 2(2)(b) ≠ project enhancements. It’s for defect or disrepair only.
- Section 11(5) shares costs fairly, based on use and responsibility.
- Proportionate evidence keeps arguments short and outcomes stable.
- A well-reasoned Award prevents drift, defines remedies, and closes the loop.
Ready for clear, impartial guidance?
Talk to Simple Survey — RICS-Qualified, Nationwide, Fixed Fees
Email team@simplesurvey.co.uk for rapid, plain-English help on Section 2(2)(b), apportionment, and Awards.
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 | £25 |
| Agreed Surveyor Award | One surveyor acting impartially for both owners | £300 |
| Building Owner’s Surveyor Award | Acting as the Building Owner’s Surveyor in a two-surveyor setup | £300 |
| Access/Method Addendum | Short access/method addendum to an existing Award | £95 |
| Third Surveyor Referral | Only if required; detailed quote given | Variable (Not Simple Survey Costs) |
| Advising Engineer Input | Only if proportionate/necessary | Variable (Not Simple Survey Costs) |
All fees are fixed where shown. Complex/major works may require a bespoke quote before you commit.
FAQ — Section 2(2)(b) & Cost Sharing
Q1: How do I know if this is really a 2(2)(b) situation?
If the primary driver is remedying a defect or disrepair, 2(2)(b) is likely in play. If the aim is to adapt a wall for new works, it usually isn’t.
Q2: Can the Building Owner always claim a contribution from the neighbour?
No. Only where the test in Section 2(2)(b) is met and the Section 11(5) factors support sharing based on use and responsibility.
Q3: What if we disagree on the cause or the scope?
That’s what surveyors (and, if needed, the Third Surveyor) resolve. Neutral evidence (photos, simple tests, engineer comment) helps a lot.
Q4: Can betterment be included in the shared costs?
No. Only the necessary repair to remedy the defect should be shared. Any upgrade is normally at the requesting owner’s cost.
Q5: Do we need an engineer?
Only where proportionate: structural concerns, uncertain causation, or tricky details. Your surveyor will advise if it’s warranted.
Q6: Who pays the surveyors under 2(2)(b)?
Reasonable surveyor time directly tied to the defect/remedy can be apportioned under Section 11(5). Your Award will set this out.
Q7: What if the other owner refuses to engage?
The Act provides a pathway via dissent, appointment of surveyors, and a binding Award so necessary remedial works aren’t stuck.
Q8: Can an Award be appealed?
Yes — within 14 days of service — but appeals must show an error in law or jurisdiction, not mere dissatisfaction. Get legal advice first.
Get expert, impartial help today
Email team@simplesurvey.co.uk with your plans, photos and any notices you’ve received.
Simple Survey — RICS-qualified, nationwide, fixed-fee party wall specialists.