Quick answer: A masonry garden wall standing astride the boundary can be a ‘party fence wall’ under the Act. A wooden fence, hedge or screen is not a party fence wall. However, section 1 may still apply to proposed new building at the line of junction, regardless of the existing fence material.
This article concerns England and Wales. It provides general information, not legal advice. The application of the Party Wall etc. Act 1996 depends on the facts, ownership and proposed work.
What is a party fence wall?
It is a wall—not part of a building—that stands astride the boundary and separates land belonging to different owners. The statutory term does not include ordinary timber fencing or hedges.
Work to an existing garden wall
Repair, rebuilding, raising or demolition may engage the Act if the structure qualifies and the proposed work falls within statutory rights. Ownership, boundary position and the reason for the work must be checked.
Building a new boundary wall
Section 1 procedures can apply when a building owner proposes a wall at the line of junction. Consent is needed to build astride the boundary; otherwise construction may need to remain wholly on the building owner’s land.
Boundary disputes are different
The Act does not automatically determine the legal boundary. Historic deeds, plans, physical evidence and specialist boundary advice may be required.
Frequently asked questions
Is a concrete-post timber fence covered?
An ordinary fence is not a party fence wall, though separate ownership and boundary rights still apply.
Can I use the Act to move the boundary?
No. The Act provides construction rights and safeguards; it is not a mechanism for changing title boundaries.
Authoritative sources and further help
Read the official GOV.UK explanatory booklet and the Party Wall etc. Act 1996 on legislation.gov.uk. For the wider process see our building owners guide, adjoining owners guide and notice guidance.
Reviewed: 16 July 2026. Seek advice from a suitably experienced party wall surveyor or solicitor where the facts or legal position are disputed.