The concept of a “party wall” can be confusing for property owners, especially when it comes to understanding when and how the Party Wall Act 1996 applies. Both property owners and adjacent neighbours may have questions about what qualifies as a party wall and whether or not the Act is relevant to certain structures. This article aims to clarify what a party wall is, when it’s relevant, and what that means for you.
What Does the Party Wall Act 1996 Cover?
The Party Wall etc. Act 1996 is a legal framework that governs the rights and responsibilities of property owners when carrying out construction works on or near shared boundaries. It’s designed to avoid and resolve disputes between neighbours by laying down clear rules around work on party walls, excavations, and structures near neighbouring properties. While the title of the Act is somewhat misleading (the “etc.” is broad), it covers the following:
- Section 1 deals with constructing new walls or buildings along the boundary line.
- Section 2 applies to alterations or works on existing party walls.
- Section 6 governs excavation and works within a set distance of neighbouring properties.
So, What Exactly Is a Party Wall?
In legal terms, a party wall is a shared wall that divides two properties or landowners. According to the Party Wall Act, there are two main types of party walls:
- Type A: A wall that forms part of a building and crosses the boundary between two properties. The key point here is that it must be built directly on or across the property line, though it doesn’t need to be equally split between both sides.
- Type B: A wall that divides two buildings but is located entirely on one owner’s property. This type of wall is close to the boundary but does not span across it, unlike Type A walls.
Here’s a breakdown of what makes a Type A party wall different:
For a wall to qualify as Type A under the Act:
- It must be part of a building, and this building must be built directly on or across the boundary line.
- The supporting foundations, even if they extend beyond the property line, don’t impact whether the wall is a party wall. The actual wall itself is what matters, not the foundation beneath it.
In simple terms, if the wall straddles the boundary line—even if it’s only partially—it’s a party wall. Both neighbours have rights to use this wall.
Garages and Party Walls
What if your neighbour builds a garage near the boundary line? Does the wall of the garage become a party wall? Not necessarily. If the garage wall is detached and does not divide both properties, it’s not considered a party wall.
However, if you later decide to build an extension and enclose the garage wall to make it a dividing wall between the two properties, that section of the wall could become a Type B party wall. But this can’t be done without consent, and you’ll need to serve a party wall notice to your neighbour before proceeding. If you skip this step, it’s considered trespassing.
Garden Walls and Party Walls
Garden walls are another area of confusion. Under the Party Wall Act, a garden wall can be referred to as a party fence wall—though the term “fence” is a bit of a misnomer here, as the Act actually deals with walls (not fences).
A party fence wall is defined as:
- A wall (not part of a building) that sits directly on the boundary line between two properties.
- Used to separate adjoining properties.
In simpler terms, a garden wall that spans the boundary line is classified as a party fence wall. The Act is concerned only with the wall’s position—not the foundation, which can sometimes extend across the boundary.
What’s a Party Fence, Then?
You may encounter the term “party fence” in your title deeds, and that can lead to confusion. In most cases, party fences just mean that both neighbours share responsibility for the upkeep of a fence that marks the boundary. However, the term “party fence” does not mean that the fence falls under the Party Wall Act’s provisions.
If your title deeds mention a “party fence,” it usually only refers to shared maintenance duties for a boundary fence, and does not indicate that it’s covered by the Party Wall Act. The Act only applies to walls (party walls and party fence walls), not regular fences, even if they are referred to as party fences in your legal documents.