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An accurate description of a Party fence wall is essentially a wall that is constructed astride the boundary separating two Adjoining Owners land. Importantly part of the wall above ground and not just the foundations must be also astride the boundary. The determining factor in classification is the Party fence wall does not form part of the building or structure of either owners property.
A Party fence Wall can, for example, be a wall separating the gardens of two properties The Ownership of a Party fence wall is shared both owners have rights and responsibilities under The Party wall etc. Act 1996 (the Act).
Therefore, its important to note Party wall fence walls are included within the Act and consequently certain works to a Party fence wall would require the correct Notices being served under the Act to the Adjoining Owner. As with all notifiable works Notices under the Act once a Notices has been served the processes as described in the Act need to be followed before the notifiable works can commence.
The construction of a Party fence wall is usually masonry or brick and a fence sitting astride the boundary. A wall constructed of timber fence and posts is not treated as a Party fence wall under the Act.
At Certified Building Surveyors we have a six strong team specialising in Party Wall matters in an independent and impartial manner.
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