What the Act covers
The Party Wall etc. Act 1996 treats boundary structures in two ways:
- A party fence wall is a wall that is not part of a building and stands astride the boundary to separate two owners’ land. A brick or block garden wall is the standard example.
- A party wall is a wall that is part of a building and stands on the boundary, or is used by both owners to separate their buildings.
Wooden fences and hedges are not covered.
| Boundary feature | Covered by the Act? |
|---|---|
| Brick or block garden wall astride the boundary | Yes, a party fence wall |
| Wall forming the side of a garage or house on the boundary | Yes, a party wall |
| Timber fence or fence panels | No |
| Hedge | No |
| Retaining wall holding back a neighbour’s land | Possibly. Ask before you dig beside it or change it |
Building a new wall on the boundary
A new masonry wall built on the line of junction needs a Section 1 notice one month ahead. If your neighbour consents in writing, the wall can be built across the boundary. If they do not, you can build it wholly on your own land.
Raising or rebuilding an existing garden wall
The Act gives a building owner the right to raise a party fence wall, and to demolish one and rebuild it, subject to serving a Section 3 notice two months ahead. If your neighbour dissents or says nothing, surveyors are appointed and an award follows.
Repairs and who pays
Where a shared wall is defective, the Act allows repairs on notice, and the costs may be shared in proportion to each owner’s use of the wall and responsibility for the defect. If the repair is only for one owner’s benefit, that owner pays. See who pays for a party wall surveyor for how costs are decided.
What the Act does not decide
- Who owns the wall or fence. That depends on your deeds and the facts.
- Where the boundary is. Land Registry plans show general boundaries, not exact lines.
- Disputes between neighbours about boundaries or damage unrelated to covered work. Those are for mediation, a solicitor or the court.
Planning rules for walls and fences
Planning rules usually limit the height of a wall or fence, generally to 2 metres, and lower beside a highway. Listed buildings and conservation areas can have stricter rules. These are separate from the Party Wall etc. Act.
Before you start
- Talk to your neighbour. Most boundary problems start with surprise.
- Photograph the wall and its condition from both sides, if you can.
- Decide whether the work is covered, using the table above.
- If it is, serve the right notice in time, and do not start early.
We prepare and serve notices for £70, with no VAT. Call 0800 999 1947 for a free chat.
Questions about boundary walls and fences
Does the Act decide who owns the wall or where the boundary is?
No. The Act deals with building work to boundary walls and neighbouring structures. It does not decide who owns a wall or where the boundary lies. Those questions turn on your deeds, the Land Registry plans and the facts, and if they cannot be agreed they are for a solicitor, mediation or the courts.
Can I build a fence on my side of the boundary without a notice?
A timber fence is not covered by the Act. Planning rules may limit its height, which is generally 2 metres for a fence at the back of a house and lower next to a road, so check with your council if you are unsure.
I want to demolish my neighbour’s old brick wall and rebuild it. Can I?
Only through the Act, and only after serving a notice. If the wall is a party fence wall and is defective, the Act allows a building owner to repair or rebuild it on notice, and the costs may be shared. Do not take down a boundary wall without advice.