How Party Wall Procedures Apply to Leaseholders vs Freeholders
Both freeholders and leaseholders can be owners under the Party Wall etc. Act, and both can serve or receive notices. Tenants on short tenancies are not owners, but their landlord is. If you hold a lease, check its terms as well, because they may add duties on top of the Act.
Who counts as an owner
The Act uses the word owner in a broad sense. It includes the freeholder and anyone with a long lease, and it can include others with an interest in the property. A person renting on a short tenancy is generally not an owner for the Act.
If you are unsure which category you fall into, look at the length and terms of your lease.
If you are a leaseholder building
You may serve notice as building owner. Your lease may still require your landlord's consent for structural work. That is a separate permission and the Act does not replace it. Get it before starting.
If your neighbour is a leaseholder
Notice should go to every owner who has an interest, which can mean both the leaseholder and the freeholder. Serving only one may leave the notice open to challenge. A surveyor can help trace who to serve.
Landlords and tenants
A landlord letting a property is still the owner. A tenant who receives a notice should pass it to the landlord at once, because time limits are short. A tenant who plans building work should ask the landlord to act.
Flats and shared buildings
In a block, some structure belongs to the freeholder or a management company. Work on it may need their involvement in addition to any neighbour's. Managing agents often need to be told early.
Frequently asked questions
Can a tenant serve a party wall notice?
A tenant on a short tenancy is not an owner under the Act, so it is normally for the landlord to serve.
Do I need my freeholder's permission?
Often yes, under the lease, for structural work. Check your lease. The Act does not remove that requirement.
Who pays if the landlord is the owner?
The award decides costs between the owners. Any arrangement between landlord and tenant is a separate matter.
Source: Party Wall etc. Act 1996 on legislation.gov.uk
Related guides
- What is a "Party Structure"? Legal Definitions for Homeowners
- What If the Neighbouring Property is Split Into Multiple Self-Contained Flats?
- When Do You Need a Party Wall Surveyor?
- Party Wall etc. Act 1996: The Definitive Guide
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.