Section 2 of the Party Wall etc. Act 1996

Section 2 of the Party Wall etc. ActSection 2 of the Party Wall etc. Act 1996 deals with the rights of owners in regard to repairs of  party wall or structure.

Section 2, Rights of Owners

Section 2 of the Party Wall etc. Act confers the following rights to owners:

  • Requires that a building owner gives notice to an adjoining owner where a party wall or party fence wall or building belonging to him is already in place and he intends to underpin, thicken or raise a structure . The section allows the building owner to make good, repair, demolish or rebuild if the structure is in some way defective.
  • Allows a building owner to demolish a partition which separates buildings belonging to separate owners and does not conform to statutory requirements, and rebuild that wall to meet such requirements.
  • Allows a building owner to demolish arches or structures over public highways or over areas belonging to other persons that connect buildings, and rebuild them to conform with statutory requirements.
  • Allows a building owner to demolish a party structure that is weak or of insufficient height and rebuild it to sufficient strength or height for their purposes. It also allows the rebuilt structure to build to a lesser height or thickness providing the rebuilt structure is of sufficient strength and height for the purposes of the adjoining owner.
  • Allows a building owner to cut into a party structure for any purpose (this might include inserting a damp proof course).
  • Allows a building owner to cut away from a party wall any footing or projecting chimney breast or flue or other projection, in order to erect, raise or underpin a wall.
  • Allows a building owner to cut away or demolish part of any wall or building of an adjoining owner which overhangs the building owner’s land or a party wall to the extent it is necessary, to enable a vertical wall to be erected or raised against the wall or building of the adjoining owner.
  • Allows the building owner to cut into the wall of the adjoining owners building to insert a flashing or other weather proofing.
  • A building owner can execute any other necessary works incidental to the connection of the party structure with the premises it adjoins, and to raise a party fence wall or any such wall for the use of a party wall. It also allows to demolish a party fence wall and rebuild it as a party wall.
  • Allows a building owner (if served with an adjoining owner counter notice to maintain the height of a wall) to reduce, demolish and rebuild a party wall or party fence wall to a height of not less than 2 metres where the wall isn’t used by the adjoining owner, other than for boundary purposes, and to a height currently enclosed upon the building of an adjoining owner.
  • Allows a building owner to expose a party wall or party structure previously enclosed providing adequate weathering is installed.

Section 2, Additional Rights and Clarifications

Section 2 of the Party Wall Act clarifies certain matters pertaining to the above rights.

Where a building owner proposes to:

  • underpin, thicken or raise a party structure (and this work is not necessary on account of defect or requiring repair)
  • demolish a party structure of insufficient strength or height for the purposes of the building owner and to rebuild it to the sufficient strength or height
  • cut into a party structure for any purpose, cut away from a party wall, a party fence wall or external wall any footing or projecting chimney breast or to cut away and demolish parts of a wall or building from the adjoining owner which is overhanging their land
  • cut into the wall of an adjoining owner in order to insert a flashing or other weather proofing

Then these rights are only exercisable subject to the building owner making good any damage caused by the work to the adjoining premises, furnishings or decorations. The installation of any flues or chimney stacks need to be agreed in regards to height and materials between the owners.

In the case where an adjoining owner has issued a counter notice to maintain the height of a wall and a building owner has opted to build a wall or a party fence wall to a height not less than 2 metres or a height currently enclosed upon by the building of an adjoining owner, then the building owner must reconstruct any parapets or replace an existing parapet with another and may construct a parapet where one is needed but did not exist previously.

The building owner may exercise rights granted under Section 2 of the Party Wall etc. Act, providing he has consent in writing from the adjoining owner and the adjoining owner’s occupiers (if necessary).

Contact RMA Surveyors for professional advice on 01635 579208. RMA Surveyors are proud members of the Faculty of Party Wall Surveyors.