How Flying Freeholds and Overhanging Structures Affect Party Wall Agreements
A flying freehold, where part of one property sits over or under a neighbour's, often involves a party structure such as a floor or ceiling, which the Act can cover. Overhangs beyond the boundary are a different matter and are largely for property law. Take legal advice before relying on either.
What these terms mean
A flying freehold is a freehold part of a building that extends over land belonging to someone else, for example a room above a shared passage. An overhanging structure is anything projecting beyond the boundary at height, such as eaves, a bay or a first-floor extension.
Where the Act helps
A floor, ceiling or wall separating parts of buildings in different ownership can be a party structure. Work to it, such as cutting in a beam, may need notice under Section 2. This is the case in many flying freehold arrangements, and the process is the usual one: notice, surveyors, award.
Where the Act does not help
If your extension would project across the boundary, that may be trespass, and a party wall award does not authorise it.
- It does not decide who owns the air space or the land under the overhang
- It does not give a right to build an overhang onto a neighbour's land
- It does not replace covenants or rights in the deeds or leases
Uncertain areas
Whether a particular structure counts as a party structure can depend on its construction and the title. Surveyors and lawyers sometimes disagree. Where the law is unclear, get a solicitor's view on the deeds and ask the surveyor to state their reading in writing.
Practical steps
- Obtain the registered titles and plans for both properties
- Check for rights of support, repair covenants and insurance duties
- Tell your surveyor about the flying freehold at the outset
- Agree access in writing, since work may need entry to the other part
Choosing a surveyor
Ask whether they have handled properties with shared floors, passages or overhangs, and how they work with solicitors.
Frequently asked questions
Can I build over a neighbour's passage?
Only if you have the legal right to. The Act does not grant it.
Is a shared floor a party structure?
It can be. Ask your surveyor to assess it against the definition.
Does it affect selling?
Flying freeholds can affect lending. Ask a conveyancer.
Related guides
- What is a "Party Structure"? Legal Definitions for Homeowners
- How Party Wall Procedures Apply to Leaseholders vs Freeholders
- Removing an External Conservatory Built Against a Party Wall
- 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.