Building a Wall up to the Boundary Line (Section 1 of the Act)

HomeBuilding a Wall up to the Boundary Line (Section 1 of the Act)

Building a Wall up to the Boundary Line (Section 1 of the Act)

party wall surveyor Sutton and Thornton Heath

What is a line of junction?
A line of junction, is an imaginary line that separates the land of adjoining owners.
Section 1 of the Party Wall surveyor Thornton Heath etc. Act applies where lands of different owners adjoin and:
are not built on at the line of junction; or
are built on at the line of junction only to the extent of a boundary wall (not being a party
fence wall or the external wall of a building),
and either owner wishes to build on any part of the line of junction.
The notice must be served by the party wishing to build the wall, at least one month before
they intend the building work to start, giving a description of the proposed works.
What does the Act say if I want to build up against or astride the boundary line?
If you plan to build a party wall or party fence wall astride the boundary line, you must inform
the Adjoining Owner by serving a notice – see paragraphs 7 and 8. You may want to base
your notice on Example Letter 4. However, there is no right to build astride the boundary
without your neighbour’s consent in writing – see paragraph 24.
You must also inform the Adjoining Owner by serving a notice if you plan to build a party wall surveyor Sutton
wholly on your own land but up against the boundary line. You may want to base your notice
on Example Letter 6.
The Act contains no enforcement procedures for failure to serve a notice. However, if you
start work without having first given notice in the proper way, Adjoining Owners may seek to
stop your work through a court injunction or seek other legal redress.
How long in advance do I have to serve the notice?
At least one month before the planned starting date for building the wall. The notice is only
valid for a year, so do not serve it too long before you wish to start.
What happens after I serve notice about building astride the boundary line?
If the Adjoining Owner consents within 14 days to the building of a new wall astride the
boundary line, the work (as agreed) may go ahead. The expense of building the wall should
be shared between the owners in proportion to the use of that wall made or to be made by
each owner.
The consent must be by a notice in writing. It is strongly advisable that it should record
details of the location of the wall, the allocation of costs and any other agreed terms.
If the Adjoining Owner does not consent in writing within 14 days to the proposed new party
wall astride the boundary line, you will be obliged to build the wall wholly on your own land,
and wholly at your own expense. You will have to compensate any Adjoining Owner for any
damage to his property caused by the building of the wall, or the placing of footings and
foundations under his land. There is no right to place “special foundations” (see Appendix A)
under his land without his written consent.
You may start work one month after your notice was served, or earlier by agreement.

For more information visit https://partywallssurveyors.co.uk/or contact 0203 239 8666/ 0777 3360033


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