This blog post will highlight who the adjoining owners are and who will subsequently be served notice of the proposed works carried out by the building owner.
Owners are defined under the Party Wall etc Act 1996:
Under the Act, the word “owner” includes the person(s), company or other body:
- Who holds the freehold title;
- Who holds a leasehold title for a period exceeding one year;
- Who is under contract to purchase such a freehold or leasehold title;
- Who are entitled to receive rents from the property
Therefore, there can be more than one owner to a property.
For example: You are proposing to excavate near a building with flats. The freehold owner must receive a notice and each of the leaseholders of each flat which are in the distance described in the act.
Serving Notice/s on the Adjoining Owner/s
It is important to serve a valid notice of the proposed works if you are building a new wall on the boundary, doing works to an existing party wall or structure, excavating near the adjoining owner’s property. All the Adjoining Owners must be notified of the proposed works.
We strongly suggest that a party wall surveyor produce and serve the notices to ensure that the notices are valid and served on the right owners.
In conclusion, there can be more than one adjoining owner at a single address each holding a different tenure with different interests vested in the property.
