The Party Wall etc. Act 1996 sets out rules for property owners planning construction work near or on a shared boundary. Its main purpose is to protect both you and your neighbours by requiring notice before work begins and offering a clear process for resolving disputes.
Three of the most commonly used parts of the Act are Section 1, Section 2, and Section 6. Here’s what they mean in practice.
Section 1 – Building New Walls on a Boundary
Section 1 applies when you want to build a new wall on or up to the boundary line between your property and your neighbour’s.
- If the wall is to sit directly on the boundary, you must serve a Section 1 Notice and get your neighbour’s written consent.
- If they agree, they can later use that wall for their own extension, but they must contribute to the cost of building it.
- If they refuse, you can still build your wall, but it must sit entirely on your own land.
Even though consent isn’t always needed, you are still legally required to serve notice at least one month before work begins.
Section 2 – Working on Existing Party Walls
Section 2 covers alterations to an existing party wall or party structure, such as:
- Cutting into the wall (for beams, damp proofing, or structural support).
- Raising, thickening, or demolishing and rebuilding it.
- Repairing damage after events like fire or subsidence.
Not all minor works count — putting up shelves or small fixings usually doesn’t require notice. But if the work could affect the strength or structural integrity of the wall, you must serve a Section 2 Notice.
Section 6 – Excavations Near a Neighbour’s Property
Section 6 applies to excavation works near neighbouring structures, for example digging new foundations or building a basement.
- If you’re excavating within 3 metres of your neighbour’s building and below the depth of their foundations, you need to serve notice.
- If you’re excavating within 6 metres and your work cuts through a 45-degree line from the bottom of their foundations, you also need to serve notice.
A Section 6 Notice must include detailed plans showing the depth and position of the excavation, and it should be served at least one month before work begins.
Why This Matters
If your neighbour doesn’t consent to a notice under Sections 1, 2, or 6, a dispute is deemed to have arisen. At that point, one or more party wall surveyors must be appointed to resolve the issue and produce a legally binding Party Wall Award.
This process ensures fairness and avoids costly disputes — but only if the notices and procedures are handled correctly from the start.
Final Thoughts
The Party Wall Act is designed to balance your right to carry out building works with your neighbour’s right to protection. But it’s also complex, and small mistakes in serving notices can cause unnecessary delays.
That’s why it pays to get expert help. At Simple Survey, our experienced party wall surveyors make sure your notices are valid, your project stays compliant, and disputes are handled smoothly.
📩 Email us at team@simplesurvey.co.uk today to get clear guidance on your next project.