Party Fence Walls Explained: Rights and Responsibilities

Party fence walls are one of the most misunderstood aspects of the Party Wall Act 1996. Many London homeowners don't realize that the brick wall or fence separating their garden from their neighbour's is governed by specific legal rights and responsibilities. This comprehensive guide explains everything you need to know about party fence walls in London.

What Exactly is a Party Fence Wall?

Under Section 1(1) of the Party Wall etc. Act 1996, a "party fence wall" is defined as:

"A wall (not being part of a building) which stands on lands of different owners and is used or constructed to be used for separating such adjoining lands, but does not include a wall constructed on the land of one owner the artificially formed support of which projects into the land of another owner."

In Plain English:

A party fence wall is:

• A standalone wall (not part of a house or building)
• Built on the boundary line between two properties
• Used to separate gardens or land
• Shared ownership between both neighbours

Common Examples in London:

• Brick garden walls between terraced house rear gardens
• Rendered block walls separating side passages
• Victorian-era boundary walls in older properties
• Modern boundary walls in new developments
• Some substantial timber fence structures (if built astride the boundary)

Party Fence Wall vs. Other Boundary Structures

Your Rights With Party Fence Walls

Rights as a Joint Owner:

If you have a party fence wall, you share ownership equally with your neighbour. This means you both have:

• Right to use the wall: Both sides can attach trellis, paint their side, or use it for support (e.g., lean-to structures with proper notice)
• Right to maintain it: Either owner can carry out necessary repairs
• Right to raise it: Either owner can increase the height (with proper notice)
• Right to demolish and rebuild: Either owner can rebuild (with Section 1 notice)
• Right to underpin: If required for stability

Works Requiring Notice:

Under Section 1 of the Party Wall Act, you must serve notice on your neighbour 1 month before starting any of these works:

1. Building a new party fence wall on the boundary line
2. Building a new boundary wall entirely on your land up to the boundary
3. Raising the height of an existing party fence wall
4. Demolishing and rebuilding a party fence wall
5. Underpinning a party fence wall
6. Cutting into a party fence wall for support structures

Building a New Party Fence Wall: The Process

Option 1: Build Entirely On Your Land (No Consent Needed)

You can build a new boundary wall entirely on your own land (up to but not crossing the boundary line) without your neighbour's consent. You must serve a Section 1 notice 1 month before starting, but your neighbour cannot stop you.

Your wall, your responsibility:

• You own 100% of the wall
• You pay 100% of the cost
• Your neighbour has no rights to use it without your permission
• You're responsible for all maintenance

Option 2: Build Astride the Boundary (Consent Required)

If you want to build the wall straddling the boundary line (half on your land, half on neighbour's), you need your neighbour's express written consent.

If they consent:

• The wall becomes a party fence wall
• Shared ownership (50/50)
• Cost is usually shared equally (unless agreed otherwise)
• Both parties can use it
• Future costs shared

If they refuse:

• You can build entirely on your own land instead (Option 1)
• Or negotiate cost-sharing arrangements

Raising an Existing Party Fence Wall

Many London homeowners want to raise party fence walls for additional privacy, security, or as part of extension projects.

The Legal Process:

1. Serve Section 1 Notice: Give your neighbour 1 month's written notice of your intention to raise the wall
2. Await Response (14 days): Neighbour can consent or dissent
   • If consent: Work can proceed after 1-month notice period
   • If dissent or no response: Party wall award process begins
3. Party Wall Award (if needed): Surveyors prepare award detailing:
   • New wall height
   • Materials and construction method
   • Weatherproofing and capping
   • Cost allocation
   • Access arrangements
4. Carry Out Works: After notice period expires and award served

Who Pays for Raising the Wall?

Under Section 1(4), if you want to raise the height of a party fence wall:

• If for your benefit only: You pay 100% of the cost
• If it benefits both properties: Costs may be shared proportionately
• If neighbour requests extra height: They may contribute to additional costs

Maintenance and Repair Responsibilities

Who Pays for Repairs?

For a party fence wall in shared ownership:

• Necessary repairs: Costs shared equally (unless wall only benefits one party)
• Damage caused by one party: That party pays 100%
• Improvements (not repairs): Party requesting improvement pays
• Emergency repairs: Either party can arrange; costs settled afterward

What Constitutes "Necessary Repairs"?

• Repointing loose mortar
• Replacing damaged capping stones
• Repairing cracks that threaten stability
• Rebuilding collapsed sections
• Underpinning if foundations are failing

What Are "Improvements" (Not Repairs)?

• Painting (cosmetic)
• Adding decorative capping
• Rendering a wall that doesn't need it
• Raising height for aesthetic reasons

Common Party Fence Wall Disputes

Dispute 1: "My Neighbour Won't Contribute to Repairs"

Solution: If the wall requires genuine repairs (not improvements) and is a party fence wall, both owners are responsible. You can:

• Obtain quotes and share with neighbour
• Request they appoint a surveyor (party wall procedure)
• Carry out repairs yourself and seek contribution via party wall award
• County Court action as last resort

Dispute 2: "Is This Wall Mine or Ours?"

Solution: Check:

• Property deeds (may show boundary and ownership)
• Title plans from Land Registry
• Physical evidence (T-marks on old plans indicate ownership)
• Historical context (who built it, when?)
• Boundary feature list in deeds

If unclear, presume it's a party fence wall and follow party wall procedures – safer approach.

Dispute 3: "My Neighbour Raised the Wall Without Notice"

Solution:

• They've breached the Party Wall Act (criminal offence)
• You can force them to serve a retrospective notice
• Appoint a surveyor to assess the works
• Claim for any damage or loss
• Potential court action if they refuse to comply

Practical Tips for Party Fence Wall Matters

Before Starting Any Works:

• ✅ Confirm ownership status (yours, theirs, or shared?)
• ✅ Talk to your neighbour informally first
• ✅ Serve proper Section 1 notice in writing
• ✅ Allow full 1-month notice period
• ✅ Keep records of all communications
• ✅ Take photos before works start
• ✅ Appoint a party wall surveyor if complex

During Works:

• ✅ Keep neighbour informed of progress
• ✅ Work within agreed hours (typically 8am-6pm weekdays)
• ✅ Minimize noise and disruption
• ✅ Respect their property and access
• ✅ Clean up debris promptly

After Completion:

• ✅ Inform neighbour works are complete
• ✅ Address any concerns promptly
• ✅ Maintain the wall properly going forward
• ✅ Keep records and photos of finished work

Conclusion: Know Your Rights and Responsibilities

Party fence walls are shared assets that require cooperation between neighbours. By understanding your rights, following proper procedures, and maintaining good communication, you can avoid disputes and ensure smooth management of boundary structures.

Key takeaways:

• Party fence walls are shared ownership (both neighbours)
• Building new walls or raising existing ones requires 1-month Section 1 notice
• Repairs are typically shared; improvements paid by requesting party
• Simple maintenance (painting, repointing) doesn't require notice
• Check ownership status before starting any works
• Keep good records and communicate with neighbours

For complex situations or disputes, always consult a qualified party wall surveyor who can guide you through the legal requirements and protect your interests.