The sections you will meet most
Sections 1, 2, 3 and 6 set out the work the Act covers and the notices it needs. Section 10 is how disputes are settled, and section 11 decides who pays.
Section 1: new walls on the boundary
Applies where the land is not built on at the boundary line, or has only a boundary wall that is not a party fence wall or part of a building. An owner who wants to build a wall on the line must give at least one month's notice. If the neighbour consents within 14 days, the wall can straddle the line and its cost is later shared according to use. Without consent it goes wholly on the building owner's land, although projecting footings can be placed under the neighbour's land between one and twelve months after the notice, with compensation for any damage. Read section 1
Section 2: rights over party walls
Lists the work a building owner may carry out to a party wall, party fence wall or party structure. It includes underpinning, thickening and raising; repairing or rebuilding; cutting into it, for example for a damp proof course; cutting away projections such as chimney breasts; inserting flashings; and exposing it, provided adequate weathering is added. Most of these rights carry a duty to make good any damage. Read section 2
Section 3: party structure notices
Before using section 2 rights, the building owner serves a party structure notice at least two months before the start date, giving their name and address, the nature and particulars of the work, and the start date. Special foundations need plans and details of the loads. The notice lapses if the work has not begun within 12 months and is not carried on with due diligence. Work can also proceed without one where the adjoining owners and occupiers consent in writing, and none is needed for work a dangerous structure notice requires. Read section 3
Section 4: counter notices
A neighbour who receives a party structure notice can, within one month, serve a counter notice asking for extra work such as flues, piers or deeper special foundations. The building owner must comply unless it would harm them or cause unnecessary inconvenience or delay. Read section 4
Section 5: deemed disputes
An owner who has not given written consent to a party structure notice or counter notice within 14 days is treated as dissenting, which creates a deemed dispute. Read section 5
Section 6: excavations near neighbours
Covers digging within 3 metres of a neighbour's building or structure to below the bottom of its foundations, and within 6 metres where the dig would meet a plane drawn at 45 degrees from the bottom of those foundations. The building owner gives at least one month's notice, with plans and sections, saying whether they propose to underpin or safeguard the neighbour's foundations. Silence for 14 days is a deemed dispute, and the notice lapses after 12 months if work has not begun and is not carried on with due diligence. Read section 6
Section 7: compensation and protection
The building owner must not cause unnecessary inconvenience, must compensate owners and occupiers for loss or damage, must provide hoarding, shoring or other temporary protection where a neighbour's property is laid open, and cannot put special foundations on the neighbour's land without written consent. Work must follow agreed plans and comply with other legal requirements. Read section 7
Section 8: rights of entry
The building owner, their workers and the appointed surveyors may enter neighbouring land during usual working hours to carry out work under the Act. At least 14 days' notice is needed, except in an emergency, and doors or fences may only be forced with a police officer present. Read section 8
Section 9: easements
The Act does not authorise interference with rights of light, or with other easements relating to a party wall. Read section 9
Section 10: resolving disputes
Disputes are settled by one agreed surveyor, or by two surveyors, one appointed by each owner, who select a third. Appointments cannot be rescinded. If an owner fails to appoint within 10 days of a written request, the other can appoint for them. The award decides whether the work may be done, its timing and method, and who bears the costs. A county court appeal is open to either owner, within 14 days beginning with the day the award is served on them. Read section 10
Section 11: who pays
The building owner pays for work under the Act unless the section provides otherwise. Costs are split when work is only needed because the wall is defective or out of repair, reflecting use and responsibility. A neighbour pays for extra work they ask for, contributes if they later make use of work the building owner paid for, and can choose to receive the cost of making good damage instead of having the repairs done. Read section 11
Section 12: security for expenses
Before work starts, an adjoining owner can ask for security for the cost of the work. A building owner can ask for security in return where the neighbour must pay for some of the work. Read section 12
Sections 13 and 14: accounts and payment
Where a neighbour has to pay towards work, the building owner sends an account within two months of finishing it. The neighbour has a month to object, which creates a dispute; otherwise they are treated as accepting it. Until they pay, the work they are paying towards belongs to the building owner alone. Read section 13 · Read section 14
Section 15: serving notices
Notices can be delivered in person, posted to a UK home or business address, served on a company at its registered or principal office, or sent electronically where the recipient has agreed. A notice for an owner can alternatively name "the owner" of the premises and be left there. Read section 15
Section 16: offences
An occupier who refuses entry to someone they know is entitled to it under section 8, or anyone who obstructs such a person, commits an offence punishable by a fine. Read section 16
Section 17: recovering money
Sums due under the Act, other than fines, can be recovered as a civil debt. Read section 17
Sections 18 and 19: special cases
Section 18 excludes land in the Inner and Middle Temples in London. Section 19 sets out how the Act applies to Crown land. Read section 18 · Read section 19
Section 20: definitions
Defines the key terms: adjoining owner and occupier, building owner, foundation, owner, party fence wall, party structure, party wall, special foundations and surveyor. Our glossary puts them in plain English. Read section 20
Sections 21 and 22: the rest
Section 21 deals with how the Act fits with other legislation. Section 22 covers its title, commencement and extent: it applies in England and Wales. Read section 21 · Read section 22