24/10/2019 by Foysol Ahmed
Demolishing Party Fence Walls
What is a Party Fence/Wall?
A Party Fence/Wall is a fence or wall located on or at the dividing line between neighbouring properties and used, intended to be used, or available to be used by adjoining landowners in the construction or maintenance of improvements on their respective property. A Party Wall or Fence usually stands half on the land of each owner but may be entirely on the land of one, and is maintained at mutual cost.
Each owner of adjoining lands on which a Party Wall or Fence stands owns the part of the wall that stands on the owner's land and has an easement, or right of use, in the other part, unless there is a contrary law or agreement.
Can a Party Wall Fence be demolished?
If you wish to carry out work to a Party Fence Wall then you must serve Notice on the Adjoining Owner the same as you would if you wanted to do work to the Party Wall separating your houses. However, not all work to a Party Fence Wall is notifiable as it is on a Party Wall, so you should seek advice first to confirm if you need to serve Notice.
You cannot demolish a Party Fence Wall unless your neighbour agrees, but you can repair or rebuild it and the cost is usually split between both owners of the wall if the works are essential maintenance works. An ordinary garden fence is not covered under the Party Wall Act. Timber fences made of timber and/or concrete posts and timber panels do not come under the 1996 Act.
Looking to demolish your Party Fence Wall (also referred to as Garden Boundary Walls)? Not sure if it will affect your neighbour? Our Party Wall Act Surveyor at Seven One Associates are happy to help and advice on the correct procedure with issuing Party Wall Act Notice and questions on the Party Wall Act agreement.