Understanding Section 2 of the Party Wall Act: Existing Party Walls
Section 2 of the Party Wall etc. Act gives a building owner the right to carry out certain work to an existing party wall or party structure, provided they serve at least two months' written notice on the adjoining owner. The neighbour can consent or dissent, and a dispute is resolved through surveyors.
Work it covers
Section 2 lists the kinds of work that need notice. The common ones are below.
- Cutting into the wall, for example to insert a steel beam
- Raising, thickening or demolishing and rebuilding the wall
- Underpinning it
- Inserting a damp proof course
- Cutting away projections such as chimney breasts
- Making good after any of those works
Serving notice
Notice must be in writing, describe the work and be served at least two months before it starts. It lapses if work has not begun within 12 months. Serve it on every owner of the neighbouring property, not only the person living there.
The neighbour's response
The adjoining owner has 14 days from receiving the notice to respond in writing. They can consent, or dissent and require a surveyor. They may also serve a counter-notice asking for certain extra work at the building owner's expense where allowed.
If they do not answer within 14 days, a dispute is treated as having arisen.
Rights and duties
The building owner may do the listed work, even against the neighbour's wishes, but only as the award allows. They must not cause unnecessary inconvenience, must make good any damage and must compensate for loss.
Surveyors and workers may enter the neighbour's land to do work the Act requires, after 14 days' notice, except in emergencies.
What counts as a party structure
A party structure is wider than a wall. It can include a floor or partition separating buildings or parts of buildings with different owners, such as flats.
Frequently asked questions
Do I need notice for a small hole in the wall?
It depends on the work. Cutting into a party wall for a fixing or beam can be notifiable. Ask a party wall surveyor if in doubt.
How long before I can start?
Two months from service of the notice, unless the neighbour agrees in writing to an earlier start.
Who pays the neighbour's surveyor?
The building owner normally pays the reasonable fees where the work is for their benefit, as set out in the award.
Source: Party Wall etc. Act 1996 on legislation.gov.uk
Related guides
- Understanding Section 1 of the Party Wall Act: New Walls on Junction Lines
- What is a "Party Structure"? Legal Definitions for Homeowners
- Party Wall Rules for Installing an RSJ (Rolled Steel Joist)
- Chimney Breast Removal and the Party Wall Act: Step-by-Step Rules
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.