What If the Property Next Door is Derelict or Abandoned? (Serving Untraceable Owners)
You still need to serve notice if the property next door is empty or the owner cannot be found. You must make reasonable efforts to identify the owner. If that fails, the Act allows notice to be addressed to the owner and fixed to the property, and the process can go on without their response.
Empty does not mean ownerless
A derelict house still has an owner, even if nobody lives there. It may be owned by an estate, a company, a landlord abroad or a person who has died. The duty to notify is the same as for any other neighbour.
Try to identify the owner first
Keep a log of every step, with dates. It shows you acted reasonably.
- Search the land registry title for the property; the register usually lists an owner and a correspondence address
- Ask other neighbours and check for signs of a managing agent
- Look for notices on the property from the local authority
- Write to the registered address and keep a copy
If you cannot trace them
The Act lets a notice be addressed to the owner by that description and fixed to a conspicuous part of the premises if the owner's name or address cannot be found. Ask your surveyor to confirm the correct method for your case, and take photographs showing where and when the notice was fixed.
If nobody responds within 14 days, a dispute is treated as having arisen. You can then appoint a surveyor to act for the absent owner if they do not appoint one after being asked in writing.
Protecting the empty building
The surveyor acting for the absent owner has a duty to consider their interests. A detailed schedule of condition is essential here, and access to record it may be difficult. Your surveyor should say how they will handle that.
Do not force entry into the building. If access is needed and refused or impossible, seek advice on the lawful route.
Other routes
If the property has been abandoned for a long time, the local authority or a court may have options. Those are outside the Act, and a solicitor can advise. Do not assume you may proceed without notice.
Frequently asked questions
Can I just start work if no one answers?
No. Serve notice properly, record your efforts and follow the process so that an award can be made.
Who appoints a surveyor for an absent owner?
If they do not appoint one within 10 days of a written request, you may appoint one on their behalf.
Does a squatter count as the owner?
Generally no, but take advice. Occupation does not automatically decide ownership.
Related guides
- What is an Ex-Parte Party Wall Award and When is it Used?
- What is the Retrospective Party Wall Procedure? (When Work Starts Without a Notice)
- Step-by-Step Guide to Appointing a Party Wall Surveyor
- When Do You Need a Party Wall Surveyor?
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.