Section 2 of the Party Wall etc. Act 1996 sets out the rules for carrying out work on an existing party wall, party fence wall, or shared structure. It balances the rights of the building owner with the protections for the adjoining owner, ensuring work is completed safely and fairly.
What Section 2 Covers
Section 2 allows building owners to carry out specific work on a shared wall or structure, provided proper notice is given and any necessary agreements are reached with neighbours.
Types of Work Allowed
Repairs and Maintenance
- Fixing or strengthening a party wall that is damaged or structurally unsound.
- Work should minimise disruption to the adjoining owner.
Alterations and Modifications
- Inserting beams, removing projections, or increasing the height of a wall.
- Rebuilding or extending a wall is allowed if notice is served.
Structural Reinforcement
- Adding support to the wall (e.g., for additional floors) to ensure stability.
Cutting Into the Wall
- Making openings for structural elements such as beams, damp-proofing, or utilities.
Demolition and Reconstruction
- Removing and rebuilding the wall if it is no longer fit for purpose.
- The new wall should generally occupy the same location unless otherwise agreed.
Exposing Covered Walls
- Removing plaster, cladding, or other coverings to carry out work.
- The wall should be restored once the work is complete.
Enclosing Walls
- Using the wall as part of a structure on the building owner’s property.
- Compensation may be required if the adjoining owner loses use or value.
Notice Requirements
Before starting any work under Section 2, the building owner must serve a Party Wall Notice to the adjoining owner. The notice should include:
- A clear description of the planned work.
- How the work will affect the shared wall or structure.
- Expected timeline and schedule.
- Any potential risks or disruptions.
The adjoining owner has the option to:
- Consent – allowing work to proceed without dispute.
- Dissent – triggering the involvement of a Party Wall Surveyor to draft a Party Wall Award.
Access and Compensation
- Building owners may need to enter the adjoining property to carry out work, with reasonable notice (typically 14 days).
- Any damage caused to the adjoining owner’s property must be repaired or compensated.
- Disputes over damage are resolved by a Party Wall Surveyor, whose decision is legally binding.
Resolving Disputes
If the adjoining owner objects:
- Surveyors are appointed to negotiate an agreement.
- If there’s no agreement between the two surveyors, a third surveyor makes a final decision.
- The resulting Party Wall Award outlines responsibilities, protection measures, and any compensation required.
Key Takeaways
✔ Section 2 allows lawful alterations, repairs, and structural work on existing party walls.
✔ Proper notice must be served before work begins.
✔ Adjoining owners are protected, and compensation must be provided if damage occurs.
✔ Surveyors play a key role in resolving disputes and ensuring compliance.
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