Party Wall etc. Act 1996 specialists · London & the Midlands Free advice · info@coburnspartywall.co.uk · 0207 11 88 3 55
Knowledge base · Notices & consent

What is a party fence wall?

A party fence wall is a garden or boundary wall that straddles the boundary line but is not part of a building — for example a brick wall between two gardens. It is covered by the Party Wall etc. Act 1996.

The short answer

A party fence wall is a freestanding wall — not part of a building — that stands astride the boundary between two properties and separates them, typically a masonry garden or boundary wall. Because it sits on the line of junction and belongs to both owners, work to it is covered by the Party Wall etc. Act 1996. A wooden fence is not a party fence wall.

Why it matters

Three things make a wall a party fence wall: it stands astride the boundary; it is freestanding (a wall that forms part of a building is a “party wall” instead); and it separates the two pieces of land. A wall built wholly on one owner’s side of the boundary is that owner’s wall, not a party fence wall — and timber fences and hedges are not caught at all. Rebuilding, raising, demolishing, repairing or underpinning a party fence wall is a section 2 matter requiring a party structure notice under section 3, and building a new wall on the line is a section 1 matter. Both owners have an interest in it, which is exactly why these matters are so often best agreed neighbourly.

What to do now

  • If a surveyor is needed, use one. Both owners can appoint a single impartial ‘agreed surveyor’ rather than one each — quicker, cheaper and less adversarial. Coburns recommends a single agreed surveyor wherever possible.
  • Check whether the wall genuinely straddles the boundary — the title plan and its construction usually tell you.
  • Serve the right notice for the work: a party structure notice under section 3 for works to the existing wall, a line of junction notice under section 1 to build a new one on the line.

Common mistakes

  • Assuming a garden or boundary wall is not covered by the Act.
  • Treating a wooden fence as a party fence wall.
  • Assuming a wall sitting on your own land is shared.

When to call Coburns

Send us a photo and your title plan and we will tell you, free of charge, whether the wall is a party fence wall and what notice (if any) the work needs.

Disclaimer. This article is for general information only and is not legal or professional advice. It is not tailored to any specific property, project or dispute, and the law and its application can change. Always seek advice from a suitably qualified professional before taking action. Coburns Party Wall accepts no liability for action taken in reliance on this article.

Send us your plans, notice or letter

Planning work, or received a party wall notice? Send your drawings, the notice, or any letter from a surveyor and we’ll tell you exactly where you stand — clear, transparent fees and no obligation.