Flats introduce layered ownership: neighbouring flats, leaseholders, and sometimes freeholders or management structures. Structural works can affect more than one adjoining owner.
Which part of the Act applies?
Most structural flat works engage Section 2, requiring a Section 3 notice. Ground-floor flats may also engage Section 6 if excavation is involved.
The Party Wall process (Notice → Response → Award)
- Notice: Section 3 (2 months) and/or Section 6 (1 month) as relevant
- Response: 14 days
- Award: Section 10 where there is no written consent
Common flat works that fall within scope
- cutting into shared walls between flats for beams/openings
- structural alterations where a shared wall is part of the structure
- works affecting party structures between units
The practical issue: who is “the adjoining owner”?
In a house, it may be one neighbour. In a flat building, it may be multiple parties. Correct identification and service are essential, because serving the wrong party often means re-starting.
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If you are doing structural works in a flat, contact Simple Survey to ensure the correct parties and notices are dealt with cleanly.