When building a new wall on a boundary a Building Owner is legally required to serve Notice under section 1 of the Act. With regards to this party wall notice, there are two options available:
Option 1 – Building astride the boundary
A notice under section 1(2) of the Act would allow the neighbour to consent to the new wall being built astride the boundary as a party wall. This means they could use it in the future. The Building Owner would have a right of access to build this wall.
Option 2 – Building up to the boundary
A notice under section 1(5) of the Act is required to build a wall on the boundary (but not astride it). The same applies if the Adjoining Owner does not specifically consent to the new wall being astride the boundary line (when a notice under section 1(2) is served). The right of access is less clear in these circumstances however most surveyors now agree that the Act provides a right of access.