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When Does It Apply?
The Act kicks in if you’re doing any of the following:
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When is a Section 1 Notice required?
A Section 1 Notice is served when a Building Owner wants to build a new wall at the boundary line between two properties. This applies in situations where:The boundary is not currently built on, or
The boundary has only a simple boundary wall (not a party wall or an external wall of a building).
What can the Building Owner propose?
Build a new party wall or party fence wall straddling the boundary (but only with the neighbour’s written consent).
Build a new wall entirely on their own land, right up to the boundary line.
Timescales
The notice must be served at least 1 month before works begin.
If the Adjoining Owner does not reply within 14 days, this is treated as a dissent (dispute).
Works authorised by a Section 1 Notice must begin within 12 months of serving the notice.
Cost responsibilities
If the wall is agreed as a party wall, both owners share the cost in proportion to their use.
If the neighbour does not consent, the wall must be built wholly on the Building Owner’s land and at their sole cost.
The Building Owner may project foundations or footings onto the neighbour’s land only if the Act grants those rights.
Rights and obligations
The Building Owner must compensate the neighbour for any damage caused by the works or foundations.
If there is any disagreement (for example, about placement, cost, or damage), the matter is resolved under Section 10 procedures by surveyors making a Party Wall Award.
Building a new wall on or at the boundary
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ChatGPT said:
Perfect — here are the plain-text breakdowns for Section 2 (Party Structure Notice) and Section 6 (Notice of Adjacent Excavation), written in the same clear, client-facing style as Section 1.
Section 2 Notice – Party Structure Works
When is a Section 2 Notice required?
A Section 2 Notice is served when a Building Owner plans to carry out works directly to an existing party wall, party fence wall, or party structure. This includes shared walls between houses, walls separating flats, or other dividing structures.Examples of works covered:
Cutting into a party wall to insert steel beams (common for loft conversions).
Raising the height of a party wall.
Rebuilding a defective party wall.
Removing chimney breasts attached to a party wall.
Cutting away projections or overhangs from a party wall.
Underpinning or strengthening a party wall.
Timescales
The notice must be served at least 2 months before works begin.
If the Adjoining Owner does not reply within 14 days, this is treated as a dissent (dispute).
Works authorised must begin within 12 months of serving the notice.
Cost responsibilities
The Building Owner generally pays for works they initiate.
If the works are for shared benefit (e.g. raising a wall to build an extension on both sides), costs may be shared.
The Building Owner must cover any damage or reinstatement required to the Adjoining Owner’s property.
Rights and obligations
The Building Owner must allow reasonable protection for the Adjoining Owner’s property during works.
Any disputes over scope, method, or costs are resolved by surveyors under Section 10 procedures with a Party Wall Award.
Cutting into a wall to insert steel beams.
Raising, rebuilding, or demolishing a party wall.
Removing a chimney breast attached to a party wall.
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Section 6 Notice – Adjacent Excavation Works
When is a Section 6 Notice required?
A Section 6 Notice is served when a Building Owner plans to excavate near a neighbour’s property. It applies in two main situations:
Excavating within 3 metres of a neighbour’s building or structure and to a depth lower than its foundations.
Excavating within 6 metres where the excavation will cut a line drawn down at 45 degrees from the neighbour’s foundations.
Examples of works covered:
Digging foundations for a rear or side extension.
Excavating for a basement.
Lowering ground levels near a boundary.
Timescales
The notice must be served at least 1 month before works begin.
If the Adjoining Owner does not reply within 14 days, this is treated as a dissent (dispute).
Works authorised must begin within 12 months of serving the notice.
Cost responsibilities
The Building Owner pays all costs of their excavation.
They are also responsible for making good any damage to the Adjoining Owner’s property.
Rights and obligations
The Building Owner must ensure their works do not compromise the stability of the neighbour’s structure.
Where necessary, the Award will include protective measures (e.g. underpinning, shoring).
Disputes are resolved under Section 10 by the appointed surveyor(s).
Building within 3 or 6 metres, depending on depth (basement, foundations, etc.).
Party Wall etc. Act 1996 Explained
What the Party Wall Act Means for you…
Planning an extension, loft conversion, basement or structural work near a boundary? The Party Wall etc. Act 1996 is there to make sure:
You tell your neighbours in the right way.
You protect your property and theirs.
Everyone knows how work will be done and what happens if there’s damage.
Skip it — and you could face project delays, legal bills, and sour relationships.
The Process in Plain English…
Serve a Party Wall Notice
Tell your neighbour exactly what you plan to do and when.
They Respond
Consent in writing
Dissent and appoint their own surveyor
Dissent but agree to one Agreed Surveyor
Surveyor(s) Agree the Details
This becomes the Party Wall Award, covering method, timings, access, and protections.
Record the Starting Point
A Schedule of Condition with photos and notes so everyone knows what was there before.
Why it is important?
Avoid headaches No last-minute delays
Protect yourself A clear, legal record if damage claims come up and ensure these stay with the property
Keep the peace Show you’re acting fairly and professionally.
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