One of the more nuanced scenarios under the Party Wall etc. Act 1996 (“the Act”) arises when a neighbouring property changes ownership after a Party Wall Award has been issued, but before the building works are complete.
This raises a key question:
Must the building owner restart the entire party wall process with the new adjoining owner?
Understanding the Roles Under the Act
Under the Act:
- The party initiating the work is referred to as the “building owner”
- The neighbouring property owner is the “adjoining owner”
While the Act does not explicitly address changes in ownership during the process, useful guidance is provided by the 7th edition of the RICS Party Wall Guidance Notes.
According to this professional guidance:
- The appointment of the adjoining owner’s surveyor continues, even if the adjoining property changes hands.
- Rights and responsibilities under the Award transfer to the new owner.
This approach aims to reduce delay, limit unnecessary costs, and prevent an outgoing owner from deliberately frustrating the works—such as by transferring the property to a related entity or subsidiary.
Professional Best Practice Recommendations
1. Where Work Has Already Commenced
- If the building owner has begun works prior to the change in ownership, the incoming adjoining owner is presumed to have purchased with awareness of the ongoing works.
- In such cases, the existing Award remains valid and should be transferred to the new owner.
- This ensures that any claims (e.g. for damage) can be handled appropriately, with the new owner recognised as a party to the Award.
2. Where Work Has Not Yet Commenced
- If an Award has been issued but no work has begun, the situation is more flexible.
- The Award may still be transferred to the new adjoining owner, but:
- The new owner is not obliged to accept it.
- They may request a fresh notice, consent to the works, appoint their own surveyor, or even serve a counter-notice.
In all cases, transparency is key. The party wall process is binding and confers both benefits and obligations. These should be clearly communicated to any incoming adjoining owner, ideally through legal advisers during the conveyancing process.
Final Thoughts
The Party Wall etc. Act 1996 seeks to balance the rights of both building and adjoining owners. While the Act does not offer explicit direction on a change of adjoining owner, established practice ensures continuity and fairness.
Building owners should take care to:
- Keep records of all notices and awards issued
- Inform their surveyor of any changes in neighbouring ownership
- Act promptly if the new adjoining owner raises objections
Need Support Managing a Change of Ownership?
If you’re dealing with a change of adjoining owner mid-project—or you’re unsure how to proceed—our experienced party wall surveyors can provide practical, compliant advice tailored to your circumstances.
Contact us at: team@simplesurvey.co.uk
We’ll help you protect your rights and keep your project on track.