What is a "Party Structure"? Legal Definitions for Homeowners
A party structure is a wall, floor, partition or other structure that separates buildings or parts of buildings used by different owners. It is broader than a party wall. A party wall is a wall that stands on the land of two owners or forms part of a building on one side and is shared with another.
Party wall versus party structure
People say party wall for everything, but the Act draws distinctions. A party structure can be a floor between two flats, or a wall between two houses.
The two types of party wall
A wall may be a party wall in one of two ways. It might stand astride the boundary, on the land of both owners. Or it might stand wholly on one owner's land but be used by both, for example a house wall with another building leaning against it.
Ownership and use both matter. Look at the deeds and the structure on site.
Party fence walls
A party fence wall stands on the boundary and separates only open land, such as a brick garden wall. The Act covers these in a limited way, mainly under Sections 1 and 2. An ordinary timber fence is not a party fence wall.
Floors and ceilings in flats
In a converted building, the floor between two flats may be a party structure. Work to it, for example cutting into it, may need notice. The people who count as owners depend on who has an interest in each part. Lease terms often shape this, so read them.
Why it matters
Work only triggers the Act if it involves a party wall, party structure or a qualifying excavation. If you get the classification wrong, you may serve notice when you do not need to, or skip it when you do. A party wall surveyor can look at the property and confirm.
Frequently asked questions
Is my external wall a party wall?
Only if it is shared with, or sits on the land of, a neighbour. A wall wholly yours and not used by anyone else usually is not.
Is a timber fence covered?
No. Ordinary timber fences are not party fence walls under the Act.
Who decides if it is a party structure?
In practice, the surveyors. If there is a real dispute, the county court can decide.
Source: Party Wall etc. Act 1996 on legislation.gov.uk
Related guides
- Understanding Section 2 of the Party Wall Act: Existing Party Walls
- How Party Wall Procedures Apply to Leaseholders vs Freeholders
- Garden Walls and Boundary Fences: When Does the Party Wall Act Apply?
- What If the Neighbouring Property is Split Into Multiple Self-Contained Flats?
Last updated: . This page is general information about the Party Wall etc. Act 1996 (England and Wales). It is not legal advice. Every property and dispute is different, so take advice from a party wall surveyor or a solicitor before you act.