What counts as a party wall?

"Party wall" has a precise meaning in the Act, and it is wider than most people expect. It is not only the wall between two semi-detached houses.

Diagram of a party wall between two houses, a party fence wall on the garden boundary, a timber fence that is not covered, and a party structure floor between two flats
A party wall separates buildings; a party fence wall is a masonry garden wall standing on the line; a party structure can be a floor between flats. Timber fences are outside the Act.

Party wall

There are two kinds:

  • A wall that stands astride the boundary and forms part of a building. The wall between two terraced houses is the classic case.
  • A wall that stands wholly on one owner's land but is used by both buildings to separate them. For example, where a neighbour has built their extension directly against your existing flank wall, that part of your wall can become a party wall.

Party fence wall

A masonry garden wall standing astride the boundary that is not part of a building. Brick and stone garden walls are often party fence walls. Timber fences are not, and neither is a wall built entirely on one side of the line.

Party structure

A wider term covering party walls and also floors, partitions or other structures separating buildings, or parts of buildings, that are reached by separate staircases or entrances. In a house converted into flats, the floor between the ground-floor flat and the one above is a party structure.

Why the label matters

If something is a party wall or party structure, each owner has rights over it and the Act sets out what can be done to it and how. Work to a party structure needs a party structure notice with two months' warning.

Quick examples

Situation Usually a party wall or structure?
Wall between two terraced houses Yes, party wall
Brick garden wall on the boundary Yes, party fence wall
Timber fence on the boundary No
Floor between two leasehold flats Yes, party structure
Neighbour's extension wall built against yours Can be, for the part enclosed on both sides

Where this comes from in the Act

Links go to the official text of the Party Wall etc. Act 1996 on legislation.gov.uk.

Need a party wall surveyor?

Ivan Larkin acts for building owners, for neighbours, and as one agreed surveyor for both. Fixed fees, agreed in writing before anything starts.

Call 07477 207993Send an enquiry