Are Garden Walls Covered by the Party Wall Act? A Comprehensive Guide

When planning home improvements or landscaping in your garden, you might wonder whether the humble garden wall could be more than just a boundary. In fact, garden walls can fall under the scope of the Party Wall etc. Act 1996, a legislation that governs construction work affecting shared or adjacent structures. But when exactly does the Act apply to garden walls and what does that mean for you as a homeowner or neighbour?

In this blog, we’ll explore the key questions around garden walls and the Party Wall Act, helping you understand when an agreement is required, what your responsibilities are, and how to avoid unnecessary disputes.

Understanding the Party Wall etc. Act 1996

The Party Wall etc. Act 1996 is a UK law designed to prevent and resolve disputes relating to construction work close to shared walls, boundary lines, or adjoining properties. It typically applies when:

• Building on or near a shared wall between two properties

• Excavating near a neighbouring structure

• Altering a boundary wall or structure on or close to the property line

The goal is to ensure clear communication and legal protection for both parties involved especially in dense urban settings where homes and gardens are closely packed.

What Is a Garden Wall in Party Wall Terms?

Not every garden wall is considered a “party wall” under the Act. The terminology and context matter greatly. Here's how garden walls may be classified:

1. Party Fence Wall

This is a shared wall located on the boundary line between two properties and used to divide the land. It does not form part of a building. A typical example is a brick wall separating two gardens.

Under the Party Wall Act, a party fence wall is covered and any work on it may require notification to your neighbour.

2. Sole Ownership Wall

If the garden wall is entirely on your land, it is generally not subject to the Party Wall Act, even if it borders another property. However, if you plan to excavate or build close to your neighbour’s structure, you may still need to serve notice.

3. Boundary Wall Incorporated into a Building

If a garden wall is part of a garage, extension, or shed that sits on or near a boundary, and you plan to demolish, alter, or rebuild it, the Party Wall Act could apply—especially if it’s connected to or impacts a shared structure.

When Does the Party Wall Act Apply to Garden Walls?

Here are some common garden-related scenarios where the Act does apply:

You’re Demolishing and Rebuilding a Shared Garden Wall

If you’re replacing a party fence wall, you must notify your neighbour even if the structure appears unstable or damaged. Your neighbour has a legal right to consent, dissent, or appoint a surveyor.

You’re Increasing the Height of a Boundary Wall

Raising a shared wall for privacy or fencing purposes counts as an alteration, and under the Act, your neighbour must be informed and give consent.

You’re Excavating Near a Garden Wall

Even if the wall is solely yours, if you're excavating within 3 metres of a neighbour’s building or structure to a depth greater than their foundations, you are required to serve a Section 6 Notice under the Party Wall Act.

You’re Building a New Wall on the Boundary Line

This is known as a Line of Junction Notice (Section 1 of the Act). If you're building a garden wall that will sit astride the boundary, you must obtain your neighbour’s written consent.

When Does the Act Not Apply to Garden Walls?

There are cases where you can proceed without involving the Party Wall Act:

You’re Repairing a Wall on Your Land

Minor repair work (e.g., repointing, replacing bricks, repainting) on a garden wall that is solely on your side of the boundary does not fall under the Act.

Fences and Hedges

The Act applies only to solid masonry walls. Timber fences, metal railings, and hedges are not included even if they sit on the boundary.

Temporary Structures

Erecting lightweight, temporary structures like bamboo screens or garden arches usually falls outside the scope of the Act, unless they are attached to or modify a party wall.

Serving a Party Wall Notice: What to Know

If your garden wall project is covered under the Act, you’ll need to follow these steps:

1. Serve a Written Notice

Notify your neighbour at least one month (for Line of Junction) or two months (for work on party walls) before starting. The notice must detail:

• The nature of the work

• Start date

• Description of the structure involved

2. Wait for Response

Your neighbour can:

• Consent

• Dissent and appoint a surveyor

• Ignore (which is treated as dissent after 14 days)

3. Party Wall Agreement or Award

If there’s dissent, a Party Wall Surveyor (or two) will draft an agreement called a Party Wall Award, detailing how the work will be carried out, timelines, and safeguards.

What Happens if You Skip the Party Wall Process?

Not serving a Party Wall Notice can lead to serious legal and financial issues:

• Injunctions that force you to stop work

• Claims for damages if the neighbour’s property is affected

• Tension and disputes with neighbours that may escalate

It may also delay home sales in the future, as solicitors often ask about compliance with the Party Wall Act during conveyancing.

Tips for a Smooth Garden Wall Project

• Check the title deeds or consult a surveyor to confirm wall ownership

• Start conversations early with your neighbour to avoid surprises

• Use a qualified Party Wall Surveyor to ensure all legal requirements are met

• Keep records and photos before and after construction as evidence

• Always use written agreements verbal consents don’t hold legal weight under the Act

Conclusion: Don’t Let a Garden Wall Lead to a Legal Wall

A garden wall might seem like a simple feature, but if it's shared or sits on a boundary, it could trigger Party Wall obligations. The Party Wall Act is there to protect both parties ensuring that work is done responsibly, safely, and without disputes.

By understanding when and how the Act applies to garden walls, and by following the correct legal process, you can carry out your landscaping or renovation work with confidence and compliance.

For more information you can call Express Party Wall Surveyor at 020 3633 0823 or contact us