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The Act recognises two main types of party wall. These are referred to as a "party wall" or a "party fence wall".
A wall is a "party wall" if:
- It forms part of a building and stands astride the boundary of land belonging to two (or more) different owners (see diagram 1);
or
- It separates buildings and it either
a) stands astride the boundary of land belonging to two (or more) different owners (see diagram 2);
or
b) stands wholly on one owner's land, but is used by two (or more) owners to separate their buildings. Where one person has built the wall in the first place, and another has butted their building up against it without constructing their own wall, only the part of the wall tbat does the separating is "party" - sections on either side or above are not "party" (see diagram 3).
A wall is a "party fence wall" if it is a wall, which is not part of a building, that stands aside the boundary line between lands of different owners and is used to separate those lands (for example a garden wall) - see diagram 4. This does not include such things as wooden fences.
The Act also uses the expression "party structure". This is a wider term which could be a party wall or a floor partition or other structure separating buildings or parts of buildings approached by separate staircases or entrances (for example flat) - see diagram 5.
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