Getting the right people notified is the bedrock of a valid Party Wall process. If you miss an owner, the notice can be invalid and your timetable slips. Here’s a clear guide to who counts as an “Owner”, how to serve notice correctly under Section 15, and what responses those owners can give.
1) Why every “Owner” must be notified
The Act is triggered by notifiable works (e.g., works to a party wall/structure, new walls on or up to the boundary, or adjacent excavations). Once triggered, the Building Owner must serve a valid notice on all Adjoining Owners. If even one qualifying owner is missed, you risk:
- Invalid notice/service, requiring re-service and delay;
- Possible injunctions and cost exposure; and
- Disputes later (e.g., on sale) when documents are checked.
2) Who is an “Owner”? (Section 20 definitions, in plain English)
Under the Act, Owner is broader than just the freeholder. You must identify and notify:
- Freeholder of the adjoining property;
- Leaseholders with a term exceeding one year (including head-leaseholders and long sub-leaseholders);
- In some cases, purchasers with a contractual right to possession; and
- For buildings held in company names, the legal entity registered as proprietor.
Tip: Check HM Land Registry for the freehold and any registered long leases, and confirm company ownership (Companies House) where relevant. Where there’s a managing agent, ask for details of any long-lease owners who need to be served.
3) How to serve a Party Wall Notice (Section 15)
Section 15 sets out valid service methods. Use one (or more) of the four recognised routes:
- By Post – Addressed to the relevant Owner at the property or last-known address. It’s deemed served two days after posting.
- Best practice: obtain proof of posting (not recorded delivery, as it can be refused).
- By Hand – Deliver to the Owner or leave with an occupier at the premises.
- Fixing to the Premises – If no one is available and service is otherwise impracticable, securely affix the notice to a conspicuous part of the property (e.g., door/gate/window).
- By Email – Only if the Owner has agreed in writing to electronic service and provided an email address.
What to include in the notice
- Full names/addresses of Building Owner(s) and Adjoining Owner(s);
- Nature and particulars of the proposed works (and drawings/sections where required—mandatory for adjacent excavation notices under s.6);
- The relevant sections of the Act relied upon;
- A proposed start date (respect statutory lead times); and
- Response options and where to reply.
Statutory lead times
- Party Structure / Line of Junction (s.2/s.1): serve at least 2 months before works (some s.1 cases are 1 month—check the scenario carefully).
- Adjacent Excavation (s.6): at least 1 month before excavation begins.
4) An Owner’s notice-response options
Upon receiving a valid notice, each Adjoining Owner may:
- Consent (in writing)
- The works may proceed under the Act, subject to any access and protection obligations set out in the notice and later documentation.
- Dissent and appoint an Agreed Surveyor
- A single impartial surveyor acts for both Owners and makes a Party Wall Award.
- Dissent and appoint their own Surveyor
- Each Owner appoints a surveyor; those two surveyors select a Third Surveyor (a safety-net if they can’t agree). The two surveyors then make a Party Wall Award.
- Do nothing
- After 14 days, a dispute is deemed to have arisen (a “deemed dissent”). The Building Owner must then issue a 10-day request for appointment; if no appointment follows, a surveyor can be appointed on their behalf under the Act.
Note: Where a dissent route is chosen, the Building Owner typically pays the reasonable surveyor fees associated with agreeing the Award.
5) Common service pitfalls to avoid
- Serving the tenant but not the qualifying owner (freeholder/long-leaseholder);
- Missing one of multiple owners (e.g., joint proprietors or head-lease plus under-lease);
- Emailing without written e-service consent;
- No drawings for a Section 6 notice (invalid);
- Back-dating or mis-dating notices;
- Not using a Section-appropriate form (s.1 / s.2 (served under s.3) / s.6).
Work with Simple Survey—get service right first time
Simple, fixed pricing
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted)
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee (depends on complexity and number of notices/owners)
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side
(and we work to keep your neighbour’s surveyor’s hourly fees reasonable and contained).
Getting Your Adjoining Owners Notified
Not sure who all the “Owners” are next door—or how to serve them properly under Section 15? Email your plans and site address and we’ll confirm who must be notified, which notices apply, and the fastest compliant route to your start date.
Email: team@simplesurvey.co.uk
Get the service right now—so you don’t lose weeks later.