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Rights of Party Wall Building Owners which require served notices

Rights of Building Owners

Section 1 Rights

(a) build a party wall or party fence wall on the line of junction

(b) place below the level of the land of the adjoining owner such projecting footings and foundations as are necessary for the construction of the wall.

Section 2 Rights

(a)  to underpin, thicken or raise

(b)  to make good, repair, or demolish and rebuild

 (c)  to demolish a partition which separates buildings

(d)  to demolish the  whole  or  part  of  buildings connected by arches or structures over public ways or over passages

(e)  to demolish and re-build a party structure which is of insufficient strength or height

(f)   to cut into a party structure for any purpose

(g)  to cut away any footing or any projecting chimney breast, jamb or flue, or other projection

(h)  to cut away or demolish parts of any overhanging wall or building

(j)   to cut into the wall to insert weatherproofing

(k)  any other necessary works

(l)   to raise, demolish and re-build a party fence wall, or to raise such a wall for use as a party wall, and to demolish a party

(m)  reduce, demolish and rebuild, a party wall or party fence wall to stipulated heights

(n) To expose a party wall or party structure hitherto enclosed subject to providing adequate weathering.

Section 6 Rights

(a) Underpin or otherwise strengthen or safeguard the foundations of the building or structure of the adjoining owner as far as may be necessary.

(b) Excavate below the Adjoining Owner’s foundations within 3m or 6m

These rights are conditional and should not be exercised without exactly following the requirements of the act.  Lay people should not exercise any of these rights unless via a correctly appointed, qualified and experienced Party Wall Surveyor.


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Party Wall Surveyor serving Thanet and London

Third Surveyor serving England and Wales

Bruce Spenser MSc LCGI
Bruce Spenser MSc LCGI