Definition of a Party Fence Wall
A party fence wall is a wall which is not part of a building, stands partly on the land of each of two different owners and is used or constructed to separate their adjoining land. It does not have to be positioned equally on both sides of the boundary. A wall built wholly on one owner’s land is not a party fence wall under the Party Wall etc. Act 1996, even if it forms or marks the boundary between the properties.
When Is Notice Required for Work to a Party Fence Wall?
At least two months’ notice must be served before a Building Owner carries out work to an existing party fence wall in reliance on the rights provided by Section 2 of the Party Wall etc. Act 1996. Examples include underpinning, thickening or raising the wall; repairing it or demolishing and rebuilding it where this is necessary because the wall is defective or in want of repair; raising it for use as part of a building; or demolishing and rebuilding it as a party wall. Notice may also be required if a footing or other projection from the wall is to be cut away. Routine minor maintenance will not necessarily require notice, and whether the Act applies will depend upon the nature and extent of the proposed work.
Demolition, Repair, and Costs of a Party Fence Wall
Like a party wall, you cannot permanently demolish a party fence wall without your neighbour's agreement. However, you can undertake repairs or rebuild it, typically sharing costs with the adjoining owner if repair is necessary. If the repairs are necessary due to the actions of one of the owners, then costs can be defrayed accordingly.
Ordinary Garden Fences
An ordinary garden fence made of timber, or comprising concrete posts and timber or concrete panels, is not a party fence wall and is not covered by the Party Wall etc. Act 1996. Title documents may describe a fence as a “party fence”, but that expression is different from a party fence wall under the Act and may simply indicate shared responsibility for its maintenance.
Identifying a Party Fence Wall
For semi-detached houses, an external wall aligning with the internal party wall of both properties is likely a party fence wall. You can verify this by simple measurements.
For detached houses, consult your and your neighbour's title deeds. We can provide help to try and ascertain who owns the wall, but party wall surveyors cannot determine boundaries during the course of making an Award. If there is disagreement over the ownership of the wall or boundary you may need to engage a specialist boundary surveyor.
Boundary Wall
The expression “boundary wall” is commonly used for any wall which marks or runs close to a boundary. Under the Party Wall etc. Act 1996, however, a boundary wall is a party fence wall only if it is not part of a building, stands on land belonging to different owners and separates their adjoining land. A wall standing wholly on one owner’s land is not a party fence wall merely because it marks or runs alongside the boundary.
The position of a wall does not, by itself, conclusively establish the legal boundary or ownership of the wall. These questions may require consideration of the title documents, plans and other evidence and, where there is a disagreement, advice from a specialist boundary surveyor.
Learn More
Contact Party Wall Expert if you would like more information on a boundary wall or party fence wall.