What If the Neighbouring Property is Split Into Multiple Self-Contained Flats?
When next door has been divided into flats, the adjoining owner may be the freeholder, one or more long leaseholders, or all of them. Notice has to reach every owner with an interest in the affected part. Each can dissent and appoint a surveyor, though owners often agree to share one.
Who counts as an owner
Under the Act, an owner includes a freeholder and a leaseholder with a long lease, as well as others with certain interests. Short-term tenants are not owners, but their landlord is. In a converted house, you may need to identify a freeholder, a management company and several flat owners.
Finding them
The land registry shows the registered owner of the freehold and of each leasehold title. That is the starting point. Flat owners may be absent, letting to tenants or living abroad, so allow time. If you cannot find someone, ask your surveyor about the Act's rules for serving an untraceable owner.
Who to serve
If in doubt, serve more people rather than fewer. A missed owner can later challenge the process.
- The freeholder, if the freehold is affected
- Each leaseholder whose flat or part of the structure is affected by the work
- Any managing agent as a courtesy, though they may not be an owner in law
One award or several
Every owner can dissent and have a surveyor. In practice, owners of a block often agree on one surveyor to act for them all. If they do not, the building owner may face several surveyors' fees, which the award should treat as reasonable costs only. Ask any surveyor you are considering how they handle multi-owner cases.
Leases add another layer
A leaseholder's own lease may impose consent or notification duties to the freeholder. That is separate from the Act. Suggest they check their lease, and check yours if you are the one building.
Frequently asked questions
Do I have to serve every flat owner?
You must serve each owner affected. Your surveyor can advise who that is.
Can they all use one surveyor?
Yes, if they agree. It usually saves time and money.
Is a tenant an adjoining owner?
Not on a short tenancy. Their landlord is.
Related guides
- How Party Wall Procedures Apply to Leaseholders vs Freeholders
- Step-by-Step Guide to Appointing a Party Wall Surveyor
- Agreed Surveyor vs Two Surveyors: The Legal Differences
- Party Wall Surveyors for Conversions and Flats in Greater Manchester
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.