Section 2 of the Party Wall etc. Act 1996, Expert Advice

Simple Survey – Local Party Wall Surveyors

Section 2 of the Party Wall etc. Act 1996 sets out what kind of works a property owner is legally allowed to carry out on an existing shared or adjoining structure β€” such as cutting into, rebuilding, strengthening, or repairing a party wall.

However, the Act also requires that you formally notify your neighbour(s) before any of these works begin.

πŸ“© Need help with Section 2? Speak to a Party Wall Surveyor today.


What does Section 2 cover?

Section 2 applies to building works that directly affect a party wall, party fence wall, or party structure (for example, walls or floors shared between flats).

Typical works include:

  • Cutting into a party wall (e.g. for steel beams or joists).
  • Raising, thickening, or extending a party wall.
  • Demolishing and rebuilding all or part of a shared wall.
  • Underpinning foundations of a party wall (often in basement construction).
  • Removing chimney breasts attached to the shared wall.
  • Inserting damp-proofing, flashings, or insulation into a party wall.
  • Carrying out structural repairs to keep the wall sound.

In all cases, written notice must be served on the adjoining owner(s) β€” normally two months before work starts. If they consent in writing, work can proceed. If they dissent or fail to reply, surveyors may need to be appointed to prepare a Party Wall Award that sets out how the work should proceed fairly.


Why Section 2 matters

Section 2 exists to:

  • Protect both property owners when shared walls or structures are altered.
  • Provide a legal process for resolving disagreements.
  • Avoid unnecessary damage and neighbour disputes.

If the process is ignored, you risk delays, legal action, or even a court injunction stopping your project.


Section 2 compliance checklist

Before starting work that may affect a shared wall, make sure you:

  1. Confirm if Section 2 applies to your project.
  2. Serve the correct notice at least two months in advance.
  3. Share accurate drawings/plans with your neighbour.
  4. Allow time for consent or for surveyors to resolve disputes.
  5. Keep clear records of all notices and responses.
  6. Budget for surveyor costs if needed (usually paid by the building owner).
  7. Use an experienced local surveyor to guide you.

Common misconceptions about Section 2

  • β€œIt’s only small work, so I don’t need notice.”
    Even minor works (like cutting into the wall) usually require notice.
  • β€œMy neighbour can block my project completely.”
    Not true β€” if your works are lawful and notices are served correctly, neighbours cannot simply prevent the work.
  • β€œI can start straight after sending notice.”
    You must wait the required notice period (usually 2 months).
  • β€œSurveyors work for the person who appointed them.”
    Surveyors act impartially under the Act β€” their duty is to the law, not to either side.
  • β€œBoundary fences are included.”
    Section 2 only applies to shared walls and structures β€” garden fences are not covered.

Get expert help with Section 2

If your planned works fall under Section 2, professional guidance makes the process far smoother. At Simple Survey – Local Party Wall Surveyors, we handle everything from preparing and serving notices to resolving disputes through formal Party Wall Awards.

πŸ“© Email team@simplesurvey.co.uk β€” trusted, cost-effective Party Wall Surveyors across England & Wales.