If you’re new to party wall matters, the web can feel like wall-to-wall noise. Here’s the clean, professional breakdown of exactly which works fall under the Party Wall etc. Act 1996, what that means for you, and what to do next.
The three work categories that trigger the Act
1) New walls up to or astride the boundary line (Section 1)
You’ll use Section 1 when you’re proposing a new wall at the line of junction (the legal boundary) such as a new flank wall for an extension or a new garden wall.
- If the land at the line of junction isn’t built on (or only has a simple boundary wall), and you’re about to build on any part of that line, you must serve a Section 1 notice.
- Two common routes:
- Section 1(5) – build wholly on your land, up to the boundary. This is a right, subject to notice and the Act’s procedures.
- Section 1(2) – build astride (half on each owner’s land). This is only a desire; your neighbour can refuse. If they do, you revert to 1(5) (wholly on your land).
- Minimum notice period: 1 month before starting these works.
- Access: Where reasonably required to build the new wall, access to the neighbour’s land can be granted and controlled by an Award under Section 8.
2) Works to a party wall, party structure (floors/ceilings in flats) or party fence wall (shared garden wall) (Section 2)
Section 2 covers the broadest array of notifiable works—cutting into, cutting away from, raising, thickening, underpinning, rebuilding, making good defective party structures, inserting DPCs or flashings, exposing a party wall, and more.
Typical examples:
- Loft beams cut into a party wall.
- Chimney breast removal on a party wall.
- Raising/thickening a party fence wall.
- Repair/rebuild due to defect or want of repair (note: Section 2(2)(b) may allow cost apportionment; see FAQ).
Key points:
- Section 2 notices must be served at least 2 months before you intend to start the works.
- The Award will set the time and manner of working (e.g., hand tools at the party wall, temporary weathering, dust/impact controls) and confirm who pays the reasonable surveying costs.
3) Adjacent excavations within 3–6 metres (Section 6)
You’ll need a Section 6 notice when your new foundations or excavations sit close to, and deeper than, your neighbour’s.
- Section 6(1) – If you excavate within 3 m of your neighbour’s structure and deeper than their foundations.
- Section 6(2) – If you excavate within 6 m and your excavation/foundation intersects a 45° line drawn from the underside of your neighbour’s foundations toward your works.
- Minimum notice period: 1 month before starting.
- Expect to provide drawings and structural details with your notice so surveyors can assess risk and protective measures.
What happens after notice?
- Your neighbour (the adjoining owner) has 3 response options:
- Consent;
- Dissent & appoint own surveyor;
- Dissent & agree one “Agreed Surveyor.”
- A Party Wall Award is then agreed (unless consent is given) to regularise the works, codify protections, and confirm reasonable costs.
Common pitfalls (and how to avoid them)
- Serving too late. Statutory notice periods are hard deadlines. Serve early to avoid delaying your start date.
- Assuming astride is a right. Building astride is not a right; it needs neighbour consent. Always include a 1(5) fallback in your strategy.
- Under-specifying excavations. Missing structural sections or levels leads to disputes and delays. Provide enough detail at notice stage.
- Ignoring the Award. The Award is enforceable. Breaches can lead to injunctions, costs, and re-work.
Simple Survey — Fixed Nationwide Costs
| Service | What you get | Fixed fee (excl. VAT) |
|---|---|---|
| Party Wall Notice Pack (Section 1/2/6) | Drafting, service & statutory response handling | £25 per notice |
| Party Wall Awards | Full administration to Award | £300 |
The building owner typically pays all reasonable surveying costs under the Act.
Call to Action — Make the Party Wall Process Simple
Email: team@simplesurvey.co.uk
We’re RICS-qualified, experienced, and work nationwide with fixed fees. Send your drawings and postcode—we’ll confirm which Section applies, the right notice timing, and the cleanest path to your Award.
FAQ (quick answers, no jargon)
1) Do I always need to serve a notice?
If your works fall into Section 1, Section 2, or Section 6, yes—notice is a legal requirement, and it must be served before works start.
2) How early should I serve?
- Section 1 & 6: ≥ 1 month before works.
- Section 2: ≥ 2 months before works.
Build in extra time for surveyor engagement and Award agreement.
3) Can my neighbour refuse an astride wall?
Yes. Building astride under Section 1(2) needs their consent. If refused, you proceed wholly on your land under Section 1(5).
4) What if my neighbour ignores the notice?
After the initial 14-day response window and a further 10-day request, a surveyor can be appointed on their behalf under Section 10(4) so the process can continue.
5) Who pays the fees?
Normally the building owner pays the reasonable fees of both surveyors and the cost of making the Award.
6) Section 2(2)(b) mentions defect/want of repair—what does that change?
If the work is necessary due to defect or disrepair, the Act allows cost apportionment between owners (the Award decides the fair split). Ask us for guidance before you commit.
7) Will I get access to the neighbour’s land to build a wall up to the boundary?
Where reasonably required, Section 8 grants access—strictly controlled by the Award (extent, timing, protections). It’s not open-ended.
Want a quick, risk-aware plan for your project? Email your drawings to team@simplesurvey.co.uk and we’ll map your notices, timings, and Award strategy in plain English.