What is a party fence wall?

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.