Floors between flats can be more legally significant than many leaseholders realise.
Under the Party Wall etc. Act 1996, a floor separating different ownerships can constitute a party structure.
That means substantial structural alterations to it may require Party Wall consideration.
What is a party structure?
The Act is not limited to vertical walls between houses.
Horizontal structures separating flats can also fall within its scope.
Our guide explaining Party Wall definitions under Section 20 provides further information.
Replacing finishes is different from replacing structure
Changing carpet, timber flooring or other finishes does not normally amount to the same thing as structurally altering a floor.
Replacing joists, trimming structural members or substantially rebuilding the floor is different.
Why might joists need replacing?
Common reasons include:
- decay;
- historic water damage;
- structural alteration;
- new stair openings;
- bathroom alterations; or
- significant refurbishment.
The exact extent of the proposed work matters.
Lease requirements
Leaseholders should also remember that the lease may independently restrict alterations to floors and structures.
Landlord consent may therefore be required even where the Party Wall Act does not apply.
The two processes are separate.
Structural advice
Where joists are being removed or substantially altered, structural-engineering input may also be appropriate.
Simple Survey can review the works
If you are carrying out structural floor works within a flat, Simple Survey can review the drawings and establish whether Party Wall procedures need to be considered.
Visit our Party Wall service page for advice before work begins.