When two properties share a wall or boundary wall, Section 2 of the Party Wall etc. Act 1996 grants the Building Owner specific rights to carry out works to that party wall or party fence wall (a shared garden wall). These rights go beyond common-law permissions, but they come with clear procedures—most importantly, serving a valid Party Structure Notice before works begin.
What does Section 2 allow?
Below are the most commonly used rights under Section 2(2). Each is notifiable and must be exercised in line with the Act’s procedures:
- 2(2)(a) – Underpin, thicken, or raise a party structure/party fence wall, or strengthen an external wall built against one.
- 2(2)(b) – Repair, make good, or demolish and rebuild where there is defect or want of repair.
- 2(2)(f) – Cut into a party structure (e.g., to insert a damp-proof course or structural steel bearings).
- 2(2)(g) – Cut away projections from your side (e.g., footings, chimney breasts, flues) to erect/raise/underpin a wall.
- 2(2)(j) – Cut into an adjoining owner’s wall to install flashings or other weatherproofing where you are building against it.
- 2(2)(n) – Expose a party wall/structure previously enclosed (with adequate weathering).
These rights are powerful but procedural: you must notify first, then carry out the works in the time and manner determined by the Award (if dissent).
Notice requirement and timing (Section 3)
Before using any Section 2 right, the Building Owner must serve a Party Structure Notice on every affected Adjoining Owner.
- Minimum lead-in: at least 2 months before the intended start date (Section 3(2)).
- Good practice: include drawings, method statements (where relevant), and intended programme to help your neighbour make an informed choice.
What is a Party Wall Notice?
A statutory notice that (i) identifies the properties and owners, (ii) describes the notifiable works under the Act, and (iii) states when you plan to start (respecting the minimum lead-in). Clear information reduces queries and speeds decisions.
How can the Adjoining Owner respond?
They have three options:
- Consent
- No Award is required. The Act still applies (e.g., duties to avoid unnecessary inconvenience and to make good/compensate for damage).
- Dissent & Appoint an Agreed Surveyor
- One impartial surveyor acts for both owners and issues a Party Wall Award (authorised works; time & manner; access; protections; damage procedure).
- Dissent & Appoint Separate Surveyors
- Each owner appoints their own surveyor; the two select a Third Surveyor if needed. The outcome is a binding Award.
Typical next steps after dissent
- Award issued, setting out how and when works may proceed, safeguards, and the damage resolution process (make-good or compensation).
Want Section 2 done properly—without overspending?
Email team@simplesurvey.co.uk. Simple Survey are the lowest-cost party wall surveyors across England & Wales. We’ll validate what’s notifiable, serve compliant notices and produce a fair, clear Award that protects both sides and keeps your project on programme.