Section 1-2-6
Party Wall Surveyor Experts
The Party Wall ACT of 1996 grants the owner of a property the legal right to undertake certain types of work which might, without the Act, constitute a trespass or be deemed a nuisance by the next-door neighbour.
Sections 1, 2, and 6 Of the Party Wall Act
However, the Act is also designed to help owners of adjoining properties avoid the adverse effects of such works by imposing a few requirements that all adjoining homeowners must follow. One of these requirements is to furnish a notice before carrying out work.
The Act also provides for dispute resolution, which will be mediated by an appointed surveyor or surveyors if there are concerns about any proposed works.
Section 1 2 6
In this article, we’ll take a closer look at what Sections 1, 2, and 6 of the Party Wall Act are all about.
We’ll also go into when the Act comes into play, as well as a brief rundown of the Act’s sub-sections that pertain to serving notices as and when required.
Section 1 of the Party Wall Act
Overview
Section 1 of the Party Wall Act mainly deals with the construction of a new wall(s) at the junction of two homes. So, if a new wall or fence is to be built across the decided boundary line, the neighbour will need to be served a notice.
However, this isn’t your run-of-the-mill notice, like an insurance claim, since the new wall will go where there wasn’t one before. It is also unlike rebuilding a wall that’s broken, demolished or in danger of failing.
However, it may apply in some instances, so adjusters and advisors will need to be notified to ensure they are fully aware of what the Act mandates.
What Does This Mean?
What it means is that you have the right to build against the party wall or line of junction, but not over it or form a new party wall without permission from your neighbour.
It is always a good idea to discuss all the options you are considering with your neighbour before serving the notice.
The notice can then be served once they have agreed to the work, and if it means building a new party wall, they are willing to share in its ownership.
Now, if your neighbours agree, they will have the right to use the wall to build an extension of their own.
However, they will be required to pay a percentage of the wall’s construction cost when they use it.
If your neighbour does not want the new wall built on their land (50% of it), they can refuse, and the wall will have to be built entirely on your land.
As a property owner, you have the right to build on your own property, and you do not require the consent of the owner of the neighbouring property.
However, you are still required to serve a notice, ideally a month before you intend to start working, to inform them of your intentions.
Now, unlike Sections 6 and 2 of the Act, you don’t have to wait for consent from your neighbour since the wall is to be built on your land.
So, you can build the wall as soon as the 1-month period is up, or even sooner if the neighbouring home waives the waiting period for you.
It is important to stress that, unlike other sections of the ACT, the adjoining homeowner can’t appoint a surveyor simply because they received a notice, unless there is a dispute over the notice under section 1.
Disputes are fairly limited, so it is unlikely that serving a section 1 notice will result in surveyors being called in or a Party Wall Award being made.
In a nutshell, if you want to build a new party wall that straddles the designated boundary, it is mandatory to serve a notice and then get written consent from your neighbour.
Your neighbour has 14 days to respond. If the owner does not consent (i.e., they dissent), you can still build the wall, but it must be on your property.
To build the wall on your own land, there is no need for written consent.
The same applies if you want to build the wall on your land: you still need to serve a notice and wait a month before commencing any construction work.
Section 2 of the Party Wall Act
Overview
Section 2 of the Party Wall Act mainly applies to works carried out to walls, structures, and fence walls. Any work intended to be carried out on the party wall, such as cutting into it, underpinning, cutting away from the wall, thickening, raising, demolishing, rebuilding, or making good, requires that a notice be served on the next-door neighbour.
It is very common for these to apply to the insurance claims. Subsidence claims, structural repair and underpinning of party walls are extremely common.
In the same way, in the event of fire damage to a structure or building, it may become mandatory to expose the party wall or even go through it so that the wall can be repaired.
What Does it Mean?
Section 2 of the Act mainly addresses issues with an existing party wall or fence wall, generally referring to major work.
For instance, you are allowed to drill into the wall for wall plugs or screws, or to put up a shelf for a picture, without having to notify your neighbours formally.
Furthermore, the Act is lenient toward minor work like this. However, if you were to drill into the wall to install a DPC (Damp Proof Course), it would be considered major work and would require notifying your neighbour.
As a homeowner, you need to consider the work you’re about to carry out and think objectively about whether it will affect your neighbour. If it does affect your neighbour, then it is addressed in this Act.
Section 6 of the Party Wall Act
Overview
Section 6 of the Act mainly addresses excavations scheduled or planned to take place in proximity to the party wall or the owner’s structure, as well as the frequent insurance claims arising from them.
According to section 6 (1) of the Act, if excavations are to take place within a proximity of 3 meters of the adjoining structure, which is to go lower than the foundations of the home, then formal notice for the work will need to be served in advance.
Section 6(2) of the Act clearly states that if excavation is intended within six meters of the next-door neighbour’s property and cuts through at a 45-degree angle from under the foundation, a notice must still be served.
Section 6 also highlights that if excavation works for a new foundation, drainage, underpinning, or services are to be carried out in proximity to the neighbour’s property, then notices need to be sent and advisors and adjustors informed.
What Does it Mean?
Section 6 of the Party Wall Act defines two distances, i.e. 3 meters and 6 meters from the party wall. Most domestic work is set within the 3-meter rule. In contrast, deeper excavations, which are required for building basements or perhaps piling that are around 3-6 meters away, may require that you notify the neighbours formally as per the Act.
However, unlike Section 1, Section 6 of the Act requires that your building or work plans accompany an excavation notice.
It needs to show sections of the site, the depth of the planned excavation, and its location/proximity to the structure. Generally speaking, the more detail, the better.
All Section 6 Excavation and Construction Notices must be served 30 days before commencing the required work. You then need to allow that much time for the neighbour to respond either way.
Generally, all homeowners who intend to carry out such work that comes under Section 6 should seek the advice of a Party Wall Surveyor to determine if it comes under the 3-meter or 6-meter rule of the Act.
On the other hand, if you are a homeowner and have been served a notice by your neighbour, you have 14 days within which to respond to the notice.
You can either agree, not agree (dissent) or serve a counter-notice. If you do not respond, it is automatically assumed that you have dissented.
FAQs for: Section 1,2 & 6 Page
1. What is a party wall agreement, and why do I need one?
A party wall agreement is a legally binding document between neighbouring property owners that sets out rights and responsibilities when construction work affects a shared wall or boundary. It helps prevent disputes and ensures both properties are protected during building work.
2. When is a party wall agreement required?
You typically need a party wall agreement if you plan to:
- Build on or near a boundary line
- Cut into a shared wall (e.g. for beams or extensions)
- Carry out excavations close to a neighbouring property
- These works can affect structural integrity, so a legal notice must be served before starting.
3. What happens if I don’t serve a party wall notice?
Failing to serve notice is unlawful under the Party Wall Act. Your neighbour can take legal action, including seeking an injunction to stop the work or claiming damages. This can lead to delays and additional costs.
4. How long does the party wall process take?
The timeline depends on the neighbour’s response:
- If they consent quickly, in a few weeks
- If they dissent or don’t respond: typically 1–2 months due to statutory notice periods
- A surveyor helps keep the process efficient and compliant.
5. Who pays for the party wall surveyor?
In most cases, the building owner (the person carrying out the work) pays all surveyor fees, including the neighbour’s surveyor if one is appointed.
6. What does a party wall surveyor do?
A party wall surveyor:
- Reviews your construction plans
- Prepares and serves notices
- Carries out a Schedule of Condition
- Drafts the Party Wall Award
- Helps resolve disputes if they arise
- Their role is to ensure the process is fair and legally compliant.
7. What is a Schedule of Condition?
A Schedule of Condition is a detailed written and photographic record of your neighbour’s property before work begins. It protects both parties by clearly identifying any pre-existing damage.
8. Can one surveyor act for both neighbours?
Yes. Both parties can agree to appoint a single “Agreed Surveyor” who acts impartially. This is often faster and more cost-effective than appointing separate surveyors.
9. What types of work commonly trigger party wall matters?
Common examples include:
- Loft conversions
- Rear or side extensions
- Chimney breast removal
- Basement excavations
- Structural alterations to shared walls
- If the work affects a boundary or shared structure, the Act is likely to apply.
10. What is a Party Wall Award?
A Party Wall Award is a legal document prepared by the surveyor(s) that outlines how and when the work will be carried out, along with protections for the neighbouring property. It ensures both parties’ rights are safeguarded.
11. What are the benefits of having a party wall agreement?
A party wall agreement:
- Reduces the risk of disputes
- Clearly defines responsibilities
- Provides legal protection
- Creates a framework for resolving issues
- It gives both property owners peace of mind.
12. How do I get started with a party wall agreement?
The first step is to serve your neighbour with a formal notice outlining the proposed works. A specialist surveyor can handle this process and guide you through each stage to ensure compliance.
13. Do I need a party wall agreement for minor works?
Not always. Cosmetic or non-structural work (such as plastering or interior decoration) usually doesn’t require an agreement. However, if there’s any doubt, it’s best to seek professional advice.
14. Can a neighbour refuse a party wall agreement?
A neighbour cannot stop you from carrying out lawful work, but they can dissent. This triggers a formal dispute-resolution process, during which surveyors are appointed to produce a Party Wall Award.
15. Why choose a specialist party wall surveyor?
A specialist ensures:
- Compliance with the Party Wall Act
- Clear communication with neighbours
- Reduced risk of delays or disputes
- Efficient handling of notices and awards