The Party Wall etc. Act 1996 introduces a specific legal term that often causes confusion: the Party Fence Wall. While it may sound straightforward, it’s frequently misunderstood—especially when mixed up with garden fences or boundary disputes.
Let’s clear things up.
🧱 What Is a Party Fence Wall?
A Party Fence Wall is a masonry wall (not a timber fence) that sits on land belonging to two different owners, typically running along the boundary between adjoining properties. These walls are commonly found in terraced or semi-detached homes.
To qualify under the Act, the wall must:
- Be built of brick, stone, or concrete
- Separate two properties
- Sit astride the boundary line (i.e., it belongs to both owners)
If the wall is located entirely on one side of the boundary, it is not considered a Party Fence Wall—even if it forms the boundary line.
📏 Is My Wall a Party Fence Wall?
In most terraced or semi-detached houses, you can visually check the wall’s location. If it runs between your property and your neighbour’s, and is built from brick or blockwork, it’s very likely a Party Fence Wall.
However, if you’re uncertain—especially in detached properties or larger plots—you may need a boundary surveyor to confirm whether the wall sits on shared land.
❌ “My Deeds Say the Fence Is Shared—Is That the Same?”
Not quite.
People often confuse a shared garden fence (such as a timber or concrete post fence) with a Party Fence Wall. But under the Party Wall etc. Act 1996, timber fences are not covered—even if your title deeds say the fence is “shared” or jointly maintained.
The Act only applies to solid masonry walls, not to typical garden fences.
🧱 Is a Boundary Wall the Same as a Party Fence Wall?
Not always.
Just because a wall marks a boundary doesn’t mean it qualifies as a Party Fence Wall. If it’s built entirely on one owner’s land, the neighbour has no rights over it under the Act—even if the face of the wall extends into their garden.
That also means you cannot attach anything to the wall, such as shelves, lights, or trellises, without the owner’s permission.
✅ Still Unsure?
If you’re planning works that might involve a Party Fence Wall, or if you’ve received a notice from a neighbour, don’t leave it to guesswork.
📩 Get expert advice from our team at team@simplesurvey.co.uk – we’re here to help you understand your rights and obligations under the Party Wall etc. Act 1996.
Let’s make sure your project gets off to a solid (and legally sound) start.