A party fence wall is a masonry wall (brick, block, or concrete) that does not form part of a building and sits on land belonging to two different owners. Because it must be masonry, timber fences are not party fence walls.
It’s common for the legal boundary to run through the middle of a party fence wall so that each neighbour owns a share. Ownership isn’t always a 50/50 split—one owner may hold a larger portion—but if any part of the wall stands on each owner’s land, it’s a shared wall.
By contrast, a boundary (garden) wall is a masonry wall that sits entirely on one owner’s land. It may touch the boundary line but must not cross it.
Establishing the Boundary Line
Confirming the legal boundary is essential to decide whether a wall is a shared party fence wall or a sole-ownership garden wall. Boundary lines are recorded in your Title Deeds or Conveyance Plans. With those documents, simple site measurements can determine whether the boundary runs through, touches, or sits clear of the wall.
Maintenance Responsibilities
Where a wall is a party fence wall, both owners are responsible for its upkeep. Repair costs are typically shared, reflecting the shared ownership.
Alterations to a Party Fence Wall
Under Section 2(2) of the Party Wall etc. Act 1996, a party fence wall is a type of party structure. The Act lists notifiable works—including a specific clause for party fence walls at Section 2(2)(l)—covering the right to:
- Raise a party fence wall (or raise it for use as a party wall), and
- Demolish and rebuild a party fence wall (either as a party fence wall or as a party wall).
If you intend to alter a party fence wall, you must serve a Party Structure Notice on the Adjoining Owner and obtain a written response. Works should not proceed until the notice process is completed and, where required, a Party Wall Award is in place.
Demolishing a Party Fence Wall
To remove a party fence wall without rebuilding, you need the neighbour’s consent—secured through the Party Wall notice procedure.
If your plan is to demolish and rebuild in the same position (for example, as part of an extension where the rebuilt wall becomes a party wall), you’ll generally need separate notices for demolition and reconstruction.
Agreement is more likely where both parties benefit—e.g., your neighbour may wish to use the new party wall for a future extension. If the Adjoining Owner does not consent to reconstruction as a shared wall, you must build your extension wall entirely on your own land.
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