Party Fence Wall Under the Party Wall etc. Act 1996

Legal definition (plain English)

A party fence wall is a wall that:

• Stands astride the boundary line between two properties, and

• Is used (or capable of being used) by both owners to separate their land, and

• Is not part of a building.

Key points to understand

• ✔️ It must sit on the boundary, not wholly on one owner’s land

• ✔️ It must divide two separate properties

• ❌ It cannot be part of a house, garage, or other building

• ❌ It is not a simple fence (like timber panels or wire fencing)

Common examples

• A brick or masonry garden wall built half on each owner’s land

• A stone boundary wall separating two gardens

What is not a party fence wall

• Timber fences, hedges, or railings

• A wall that belongs entirely to one owner

• A wall that forms part of a building (that would be a party wall, not a party fence wall)

Why it matters

If you plan to alter, repair, raise, demolish, or rebuild a party fence wall, the Act usually requires you to:

• Serve notice on the adjoining owner, and

• Potentially follow the party wall surveyor procedure if there’s a dispute.

Further an accurate description of a Party fence wall is essentially a wall that is constructed astride the boundary separating two Adjoining Owners land. Importantly part of the wall above ground and not just the foundations must be also astride the boundary. The determining factor in classification is the Party fence wall does not form part of the building or structure of either owners property.

A Party fence Wall can, for example, be a wall separating the gardens of two properties The Ownership of a Party fence wall is shared both owners have rights and responsibilities under The Party wall etc. Act 1996 (the Act).

Therefore, its important to note Party wall fence walls are included within the Act and consequently certain works to a Party fence wall would require the correct Notices being served under the Act to the Adjoining Owner. As with all notifiable works Notices under the Act once a Notices has been served the processes as described in the Act need to be followed before the notifiable works can commence.   

The construction of a Party fence wall is usually masonry or brick and a fence sitting astride the boundary. A wall constructed of timber fence and posts is not treated as a Party fence wall under the Act.

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