“Making Use” is a Party Wall etc. Act 1996 concept that trips up even experienced renovators. In plain English, it applies when a building owner benefits from a wall that the adjoining owner previously built at their own expense—typically by enclosing onto that wall for a loft dormer or a rear/side extension. In those circumstances, the building owner must pay a fair contribution toward the cost of that wall.
This article demystifies the rule, shows typical scenarios (lofts and extensions), breaks down how the figure is calculated in practice, and shares quick tips to keep the process smooth and cost-controlled.
The Legal Hook
Under Section 11(11) of the Party Wall etc. Act 1996, when an owner later makes use of work that was originally paid for solely by the neighbour, that owner must pay a due proportion of the expense as if the wall were built today.
Key takeaways:
- You’re not paying for your neighbour’s past decision—you’re paying your fair share because you’re now getting a structural and spatial benefit.
- The reference point is current-day cost, not what your neighbour paid years ago.
- In conventional domestic scenarios, that proportion is often treated as 50% of the current build cost of the wall you’re now using, adjusted for what you actually enclose upon and any legitimate exclusions.
Why “Making Use” Is Often a Net Saving
Think of it as avoiding the cost and time of building your own new wall:
- The wall already exists and is proven.
- You can often achieve a wider room or extension because you’re building to (or off) the boundary line.
- Programme risks reduce—no new wall line to set out, fewer foundation interfaces.
Viewed this way, the contribution is typically cheaper and quicker than designing, approving, and constructing an entirely new wall.
Classic Scenarios
1) Loft Conversion Enclosure
Your neighbour raised the party parapet for their dormer years ago. You now build your dormer and enclose off that raised parapet:
- Benefits: wider loft room; simpler steel and roof tie-ins; faster shell programme.
- Outcome: you’ll usually owe a making use contribution for the wall height/length you enclose upon.
2) Ground-Floor Extension Enclosure
Your neighbour’s extension flank wall sits astride the boundary or right up to it. You design your extension to use that wall:
- Benefits: full-width extension without duplicating structure; quicker build; fewer trades and trenches.
- Outcome: a making use payment typically becomes due for the portion you enclose upon.
What Costs Are Included in a “Making Use” Calculation?
The figure aims to reflect what it would cost today to build the relevant wall (or relevant part) that you are now using. In practice, surveyors build up a measured, itemised cost for that wall. Typical inclusions:
- Excavation & disposal (where relevant to that wall)
- Concrete foundations (mass trench fill or designed footing)
- Masonry (bricks/blocks; inner and outer leaves if applicable)
- Labour for all wall construction activities
- Insulation (to current thermal standards if it forms part of the wall)
- Wall ties (for cavity construction)
- Damp proof course (DPC) and associated details
- Reasonable professional inputs tied to that wall (e.g., structural design relating to the wall line)
- VAT where chargeable
- Proportional location uplift (London vs. regional differentials can be recognised)
Important boundaries:
- The calculation should reflect only the wall (or part) you’re now using, not your neighbour’s entire project costs.
- Purely cosmetic finishes are generally excluded.
- If the original wall includes non-standard enhancements that you do not need or use, those may be discounted.
How the Proportion Is Agreed
While 50% is a common starting point, the actual proportion must be reasonable and tied to the benefit you gain. Factors include:
- Length/height of wall you enclose upon (vs. the whole)
- Whether you use one leaf (e.g., as a party fence wall) or rely on both leaves structurally
- The age/condition of the wall and whether it still delivers the intended performance
- Any structural or thermal upgrades you would otherwise have needed
Two surveyors (or a single Agreed Surveyor) will typically document the method and sum within the Party Wall Award so it’s clear, proportionate and enforceable.
Practical Tips to Keep It Smooth (and Cheaper)
- Acknowledge early
Let your neighbour know your design is likely to enclose on their wall and that a fair contribution will be due. Early clarity reduces friction. - Be specific
Mark up exact lengths/heights you’ll use on drawings. Precision helps avoid paying for wall you’re not benefitting from. - Use up-to-date, comparable rates
Ask the surveyor(s) to base costs on current market rates (tender data, RSMeans/Spon/BCIS-style sources, recent quotes). - Keep the scope tight
Only include elements strictly related to the wall you’re using. No padding with unrelated project items. - Agree payment timing
Commonly on service of the Award or on enclosure; sometimes staged if that best controls risk for both sides.
Frequently Asked Questions
Is the contribution always exactly 50%?
Not always—but often for like-for-like wall use. The proportion should mirror the benefit you gain and the part of the wall you use.
Do I pay what my neighbour originally spent?
No. The Act looks at what it would cost today to build the relevant wall—then applies a due proportion.
What if I only use part of the wall height or length?
Then the contribution is usually pro-rated to the portion you benefit from.
What if the wall includes expensive finishes?
Cosmetic finishes are typically excluded. The contribution focuses on the structure and essential components.
Who decides the number?
The appointed surveyor(s). If both owners appoint their own surveyor, they’ll agree the figure (or refer points of disagreement to the Third Surveyor).
Can the neighbour refuse to allow me to use their wall?
The Act is work-enabling. If your design is lawful and the process is followed, the issue is normally how much to pay, not whether you can make use.
Our Transparent, Fixed Pricing
We keep your total cost down—not just our fee—by making the process clear, precise, and quick.
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted)
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee, depending on complexity/number of owners
- Two-surveyor route (we act for the building owner): fixed-fee proposals from £325 for our side (the adjoining owner’s surveyor often bills hourly; we work to keep those costs reasonable and contained)
- Complex works (deep excavations, piled schemes, multi-owner blocks): still fixed pricing as above
- No surprises, no creeping extras. You’ll know the number before we start.
Ready to sort “Making Use” quickly and fairly?
We’ll scope exactly what you’re enclosing upon, build a clean, defendable cost model, and document the contribution within a compliant Party Wall Award—so you can move on with your build.
Email: team@simplesurvey.co.uk
Simple Survey — fast, fixed-fee Party Wall support that keeps projects moving and neighbourly relations intact.