Questions around Party Fence Walls often arise when property owners are planning extensions or other construction works close to a shared boundary.
The Party Wall etc. Act 1996 sets out specific rights and obligations that apply in these situations, and understanding how the Act treats Party Fence Walls is essential.
At Stokemont, our surveyors regularly advise property owners on Party Wall and boundary matters, including works involving Party Fence Walls.
We’ll walk you through what a Party Fence Wall is, when it can be demolished or rebuilt, and the procedures that apply under the Party Wall etc. Act 1996.
What Is a Party Fence Wall?
Party Fence Wall is a wall that sits on the boundary between two properties and is jointly owned by both owners. It is an external wall, most commonly found separating neighbouring gardens, rather than forming part of a building itself.
Because a Party Fence Wall is shared, neither owner has sole control over it. Any work that affects the wall can therefore affect both properties, which is why Party Fence Walls are specifically covered under the Party Wall etc. Act 1996.
Can a Party Fence Wall Be Demolished?
Under the Party Wall etc. Act 1996, a building owner carrying out construction works is permitted to demolish a Party Fence Wall and rebuild it, often as part of an extension or redevelopment. This right exists because Party Fence Walls are shared structures and can form part of future building works.
To carry out these works lawfully, the building owner is required to serve a Party Wall Notice on the adjoining owner under Section 2(2) of the Act. This ensures the adjoining owner is formally informed of the proposals and has the opportunity to respond in line with the procedures set out under the legislation.
Party Wall Notice Responses
Once a Party Wall Notice has been served, the adjoining owner has three response options available to them.
The response options available to an adjoining owner are as follows:
- Consent – this will allow the building owner to proceed to demolish and rebuild the Party Fence Wall.
- Dissent & Appoint Agreed Surveyor – If the adjoining owner chooses this option, a surveyor will visit the adjoining property to undertake a Schedule of Condition & then create a Party Wall Award which will govern the building owner’s works.
- Dissent & Appoint Independent Party Wall Surveyor – Much like the Agreed Surveyor option. However, two surveyors will be involved. One appointed by the building owner and the other appointed by the adjoining owner.
If you are unsure which response is appropriate or how the Party Wall process applies to your situation, get free advice.
How do you identify a Party Fence Wall?
Determining if a wall is a Party Fence Wall is usually a simple task. Although sometimes this may be more complex.
Terraced and Semi-Detached Properties
If you live in a terraced or semi-detached property, this is usually straightforward as a Party Fence Wall is positioned at the central point between the two properties and is essentially a continuation of the internal party wall.
Building owners of terraced or semi-detached properties can carry out simple measurements to determine whether a garden wall is a Party Fence Wall. In most cases, the wall will be positioned approximately 50% on each neighbour’s land
Detached Properties
Building owners living in detached properties will typically find it more challenging to identify if their garden walls are Party Fence Walls.
In the first instance, building owners should check their Deeds & Conveyance Plans, as these will provide an insight into the ownership of the boundary walls.
If building owners are still unsure if the walls are Party Fence Walls, they will have to instruct a Boundary Determination Surveyor.
Shared Ownership and Rebuilding a Party Fence Wall
If it is decided that the boundary wall between two properties is a Party Fence Wall, either neighbour can demolish it and rebuild a new wall in the same position to form part of a proposed extension.
The adjoining neighbour would then be able to build off this wall in the future, at which point it would remain a wall under shared ownership between the two neighbours.
If a neighbour wishes to remove the wall and replace it with a fence, they can’t do so without the consent of the other owner, as both owners have a shared interest in the wall.
To learn more about shared ownership, Party Fence Walls, and the role of Party Wall Surveyors, explore our blog for further guidance and practical insights.
Speak to a Party Wall Surveyor
If you are a building owner planning works that involve the demolition of a Party Fence Wall, reach out to our experienced Party Wall and Boundary Surveyors.
Our team can guide you through the relevant Party Wall procedures and help you move forward with confidence and ease.
Can I demolish a Party Fence Wall? FAQs
Do I Need a Party Fence Wall Agreement?
If the adjoining owner doesn’t consent to the proposed works, a Party Wall Award (often referred to as a Party Fence Wall agreement) will be required. This sets out how the works are to be carried out and protects both owners.
Can My Neighbour Knock Down a Boundary Wall?
A neighbour cannot demolish a jointly owned boundary wall without following the procedures set out under the Party Wall etc. Act 1996. If the wall is a Party Fence Wall, notice must be served, and consent or a Party Wall Award obtained.
What Is the Difference Between a Party Wall and a Party Fence Wall?
A Party Wall usually forms part of a building and separates two properties internally. A Party Fence Wall is an external wall, such as a garden wall, that sits on the boundary and is shared by both owners.
