Understanding Section 1 of the Party Wall Act: New Walls on Junction Lines
Section 1 of the Party Wall etc. Act applies when you want to build a new wall on the line of junction between your land and a neighbour's, or astride it. You must give the neighbour at least one month's written notice. If they consent, you can build on the line, otherwise you build wholly on your own land.
What the line of junction means
The line of junction is the boundary where two pieces of land meet, where at least one is built on or about to be. A new wall built on it, or straddling it, is a Section 1 wall.
It is different from a wall built entirely on your own side of the boundary. That kind of wall is not a Section 1 matter, although other rules may apply.
Serving notice
The building owner serves written notice at least one month before the work starts. The notice should describe what is proposed. It must be served properly, by hand or by post to the owner's address.
The notice lapses if work has not started within 12 months of service.
The neighbour's choices
The adjoining owner has 14 days from receiving the notice to reply in writing. If they agree, the wall may go on the line of junction. If they do not consent, the building owner may still build, but wholly on their own land. Take advice before placing any footings close to or under the boundary.
If they say nothing, a dispute is treated as having arisen and surveyors must be appointed.
Compensation and shared use
Building on the line often means the neighbour can later use the wall. Costs of the wall may be shared in some cases, depending on what each side uses it for. Do not assume this. Ask the surveyor to record it in the award.
Garden walls
A wall that only separates open land, such as a garden wall, is a party fence wall. These are covered by Section 1 and Section 2 in limited ways. An ordinary timber fence is not a party fence wall under the Act.
Frequently asked questions
How long is the notice period?
At least one month before work starts for a Section 1 wall.
Can I build on the boundary if the neighbour says no?
Not on the line itself. You would have to build wholly on your own land, and take care not to trespass.
Do I need planning permission too?
That is a separate question. The Act does not replace planning permission or building regulations.
Source: Party Wall etc. Act 1996 on legislation.gov.uk
Related guides
- Understanding Section 2 of the Party Wall Act: Existing Party Walls
- Understanding Section 6 of the Party Wall Act: Excavation Within 3 or 6 Metres
- Garden Walls and Boundary Fences: When Does the Party Wall Act Apply?
- Can My Neighbour Force Me to Pay for Half of a New Boundary Wall?
Last updated: . This page is general information about the Party Wall etc. Act 1996 (England and Wales). It is not legal advice. Every property and dispute is different, so take advice from a party wall surveyor or a solicitor before you act.