Garden walls and the Party Wall Act
A brick or stone garden wall that stands astride the boundary is a "party fence wall" under the Party Wall etc. Act 1996. Rebuilding, raising or underpinning it needs notice. Building a new boundary wall may need notice too.
Which garden walls are covered?
- Party fence walls are walls of any material (brick, stone, flint, block or concrete) that stand astride the boundary, on the land of both owners, separate the two gardens, and aren't part of a building. Typical examples are the brick or flint wall between two back gardens, or a front garden wall on the boundary.
- Fences are not covered. The Act covers walls, not fences. A timber fence isn't a party fence wall, and nor is a fence on concrete posts with concrete gravel boards. Disputes about fences, hedges or where the boundary actually lies are dealt with outside the Act.
- A wall wholly on one owner's land belongs to that owner. It isn't a party fence wall, though building near it can still trigger other sections of the Act.
- Projecting footings don't make it a party fence wall. A wall built wholly on one owner's land, whose footings extend under the neighbour's land, still belongs to that owner and isn't a party fence wall.
Common situations
| You want to… | Notice |
|---|---|
| Rebuild, raise, underpin or repair a shared garden wall | Section 2, two months |
| Build a new wall astride the boundary | Section 1, one month. Needs your neighbour's written agreement. |
| Build a new wall wholly on your side, up to the boundary | Section 1, one month |
| Build an extension that uses the garden wall | Section 2, plus possibly section 6 for the foundations |
| Replace a timber fence | Not covered by the Act |
Who pays to repair a shared garden wall?
If a party fence wall needs repair because of defect or disrepair, the Act allows the cost to be shared between the owners, broadly in proportion to the use each makes of it. Where one owner wants the work for their own benefit, such as raising the wall for privacy, that owner normally pays.
Old garden walls are often fragile. Many Hampshire garden walls are old brick or flint in lime mortar, with little or no foundation. Digging near them for patios, extensions or garden rooms can destabilise them, so it's worth getting advice first.
Garden wall questions
Is a garden fence a party wall?
No. The Party Wall Act covers walls, not fences, so a timber fence (even one on concrete posts) isn't a party fence wall. Hedges and disputes about where the boundary lies aren't covered either. A garden wall of any material that stands astride the boundary usually is covered.
Can I raise the shared garden wall for more privacy?
Yes. Raising a party fence wall is a right under section 2, after giving two months' notice, and you'd normally pay for it. Planning rules on wall heights still apply, and they're separate.
Not sure if the Act applies to your project?
Tell us what you're planning. We'll tell you, free of charge, whether you need to serve notice and what happens next.