A masonry wall astride the boundary may be a party fence wall under the Party Wall etc. Act. Certain repairs or rebuilding work can be notifiable, but responsibility for costs and ownership must be considered separately.
Identify whether the wall is actually shared
A brick wall visually separating gardens is not necessarily owned jointly. Check the position of the wall and any reliable title or construction evidence. A masonry wall standing astride the boundary may be a party fence wall, while a structure wholly on one owner’s land can have different rights and responsibilities. Deeds can help but often do not pinpoint a boundary to the centimetre.
Decide whether the job is maintenance or structural rebuilding
Repointing a few joints is a different operation from taking down and rebuilding a failing section or underpinning a shared wall. Certain works to a party fence wall are covered by section 2, particularly necessary repair or reconstruction. Have the proposed method explained clearly so the notice question can be answered accurately.
Check stability before removing bricks
A bulging wall may have failing foundations, trapped water or pressure from raised ground. An installer should address why it moved, not simply rebuild the visible section. If collapse is possible, keep people away and seek an appropriate urgent assessment. A party wall notice is not a substitute for making a dangerous area safe.
Agree access and how the garden will be protected
Discuss planting, paving, pets, temporary fencing and disposal of old materials. Even where there is a legal right to carry out qualifying work, there are separate obligations to avoid unnecessary inconvenience and deal with damage. Written practical arrangements can prevent later arguments about what was agreed.
Who pays for the repair?
Do not assume every boundary wall repair is automatically split 50/50. Ownership, the reason for the work, who benefits and the statutory provisions may affect liability. If you cannot agree over notifiable works, the Act provides a dispute mechanism, but that does not decide every general boundary ownership argument.
Before serving a notice
Get photographs, confirm wall construction, define the defective length and describe the repair method. Check whether the work is on a party fence wall and covered by section 2. If your issue is simply who owns the fence, a party structure notice is unlikely to solve that boundary dispute.
Not sure whether notice is needed?
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Continue with a related guide
Before repairing an old garden wall
Check what the wall is
A masonry wall standing astride the boundary can be a party fence wall. A wall wholly on one side may be private even if both owners use it as a boundary marker. A timber fence is not a party fence wall.
Check why it is failing
Bulging brickwork, a leaning pier and cracking mortar call for different treatments. A builder should not remove a structurally unsafe shared wall without a method and suitable precautions.
Define the work
Simple repointing differs from cutting away, underpinning or rebuilding masonry. Whether a statutory notice is required depends on the work and the wall's legal status.
Example: replacing a leaning boundary wall
The brick wall between two gardens has leaned significantly for years. Both owners agree it is unsafe, but neither knows if it was built astride the legal boundary. Before demolition, identify ownership as far as practical, arrange an engineer's safety assessment if needed, discuss the replacement specification and establish whether section 2 or section 1 applies.
A party wall surveyor cannot determine a disputed boundary line under the Act. That question may need separate evidence or specialist advice.