Party Wall etc. Act 1996 Section 1 

Party Wall etc. Act 1996 - Section 1: New Building on the Line of Junction

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Overview

Section 1 of the Party Wall etc. Act 1996 deals with situations where a building owner intends to construct a new wall along the boundary (also known as the "line of junction") between their land and an adjoining owner’s land. It establishes the legal requirements for notifying the adjoining owner and obtaining their consent before proceeding with the construction.

Key Provisions of Section 1

1. Applicability of Section 1

Section 1 applies when a building owner wishes to:

• Construct a new party wall (shared by both properties) on the boundary.
• Construct a new party fence wall (such as a masonry garden wall) on the boundary.
• Construct a new external wall of a building that sits on or close to the boundary.

2. Notice Requirements

If a building owner intends to build a new wall on the line of junction, they must serve a formal Section 1 Notice to the adjoining owner at least one month before starting work.

The notice must include:

• The intended location of the wall.
• The type of wall being built (party wall, party fence wall, or external wall).
• The construction details.

The adjoining owner has 14 days to respond.

3. Adjoining Owner’s Response Options

Once the notice is served, the adjoining owner has three options:

(A) Consent to the Works

• If the adjoining owner agrees, the work can proceed as proposed.
• No further action under the Act is needed.

(B) Dissent and Request a Party Wall Agreement

• If the adjoining owner disagrees, a dispute is deemed to have arisen.
• A Party Wall Surveyor (or surveyors) must be appointed to resolve the dispute.
• The surveyors will draft a Party Wall Award, setting out the rights and obligations of both parties.

(C) Do Nothing (No Response Within 14 Days)

• If no response is received, it is considered a dispute.
• The building owner must appoint a surveyor, and the adjoining owner is given an opportunity to appoint their own.
• If the adjoining owner fails to appoint a surveyor, the building owner can appoint one on their behalf.

4. Right to Build up to or on the Boundary

Depending on the adjoining owner's response:

• If the adjoining owner agrees, the building owner can build the wall astride the boundary (a shared party wall).
• If the adjoining owner does not agree, the building owner can only build entirely on their own land, right up to the boundary but not across it.

5. Cost Sharing and Ownership

• If the wall is built entirely on the building owner’s land, they bear the full cost.
• If a party wall is agreed upon and built on the boundary, both owners share costs proportionally based on benefit.
• Future use: If the adjoining owner later wants to use the wall, they may have to compensate the building owner.

Summary of Key Points

1. A notice is required before building a wall on the boundary.
2. The adjoining owner has 14 days to consent, dissent, or ignore.
3. If a dispute arises, surveyors must be appointed to resolve the issue.
4. Consent allows for a shared party wall, but without consent, the wall must be entirely on the building owner’s land.
5. Costs may be shared depending on the type and location of the wall.

Click Here for Instant quotation 

Or Call the Surveyor direct on 07764 589 804 

Or call the Office on 0207 118 4331  Open 9-9 x 7 days a Week     Email info@locallondonsurveyors.co.uk