What Section 1 covers
Section 1 of the Party Wall etc. Act 1996 deals with a new wall on the line of junction, the boundary between two properties, where no building wall stands already. Typical examples are:
- a new party wall between two new houses or between a new house and an open plot
- the flank wall of an extension built on the boundary
- a new masonry boundary wall (a party fence wall)
- a garden room, garage or other outbuilding with a wall on the boundary (see garden rooms and outbuildings)
If there is already a shared wall between the buildings, the work is covered by Section 3 instead.
How much notice
At least one month before the work starts. The notice describes the wall you intend to build, with drawings where they help, and gives your name and address and the date you intend to begin. It remains valid for 12 months.
How your neighbour can respond
| Response | Result |
|---|---|
| Consent in writing | The wall is built half on each owner’s land, or in another position you agree. The cost is shared in proportion to the use each owner makes of it. |
| No written consent within 14 days | You cannot build the wall across the boundary. You can build a wall of the same kind wholly on your own land. |
Where a wall is built wholly on your own land but its footings need to project under the neighbour’s land, the Act sets conditions, including making good any damage. Whether that applies depends on your design, so get your drawings checked before you commit.
Section 1 is often one of several notices
An extension that goes up to the boundary may need:
- a Section 1 notice for the new wall
- a Section 3 notice where the extension joins an existing party wall
- a Section 6 notice where the foundations are deeper than a neighbour’s within 3 or 6 metres
We serve them together so your neighbour gets one clear package. See rear and side extensions.
Planning is separate
Planning permission and building regulations approval are different regimes. A Section 1 notice does not give you planning permission, and planning permission does not replace a notice.
The Act’s own wording
Section 1 is set out in full on legislation.gov.uk: Party Wall etc. Act 1996, Section 1.
Fixed fee
We prepare and serve party wall notices for £70, with no VAT. See party wall notices. To serve your own, start from our party wall notice template.
Section 1 questions
What is the line of junction?
It is the line where two owners’ land meets, the boundary, along which a new wall is to be built.
Can my neighbour stop me building a wall on the boundary?
They can refuse consent to a wall built across the boundary. If they do, the Act does not let you build it there, but you can build a wall of the same kind wholly on your own land. A different set of rules applies where its foundations need to project under their land, so show us your drawings.
Is a Section 1 notice the same as planning permission?
No. Planning permission, building regulations and the Party Wall etc. Act 1996 are three separate regimes, and one project can need all three.