Definition of a Party Fence Wall
A party fence wall is defined as a wall that stands on the land of different owners, separating adjoining lands without forming part of a building. If the wall is solely on one owner's land, it does not qualify as a party fence wall under the Party Wall etc. Act 1996.
Notifiable Work and Responsibilities
Certain works on a party fence wall require serving notice to the adjoining owner, similar to works on a party wall between houses. Seek advice to confirm if your planned work necessitates notice under the Act.
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 the actions of one of the owners, then costs can be defrayed accordingly.
Ordinary Garden Fences
Normal garden fences made of timber or concrete posts and panels are not covered by the Party Wall Act. Your title deeds may label a fence as a 'party fence', indicating shared maintenance, but this term is unrelated to the 1996 Act and usually denotes a fence erected on the boundary line when the land was first separated.
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
To confuse matters for the layperson, the Act refers to “…a boundary wall, being a party fence wall…”. A boundary wall is also a party fence wall if it sits over the boundary line. If it sits on one side of the boundary line, it is just a boundary wall and not a party fence wall.
Where the wall lies entirely on your property, its outer face usually marks the boundary. This means that you exclusive rights to do what you want, and your neighbour has no right to touch it, not even knock a nail into the wall.
Learn More
Contact Party wall Expert if you would like more information on a boundary wall or party fence wall.