Serving Party Wall Notices is relatively straightforward when you know your neighbour and they live next door.
The process can become more challenging when the adjoining property is empty, undergoing probate, owned by an investor or apparently abandoned.
However, an empty building does not mean Party Wall requirements can simply be ignored.
The notice is served on the owner
Party Wall procedures concern adjoining owners rather than simply the person occupying the property.
An empty property can still have one or more legal owners.
Our guide to the Party Wall etc. Act 1996 explanatory booklet explains why more than one ownership interest can sometimes be relevant.
How can the owner be identified?
Depending on the circumstances, information may be available through:
- HM Land Registry;
- managing agents;
- freeholders;
- Companies House;
- correspondence addresses; or
- other appropriate enquiries.
What if nobody responds?
The Party Wall Act contains procedures for situations where an adjoining owner does not respond to a notice.
A lack of response should not simply be treated as consent.
Our Party Wall Notice process guides explain deemed disputes and the next procedural steps.
What if the owner cannot be found?
There are specific procedural considerations where an adjoining owner cannot be located.
Professional advice is particularly important because incorrectly served notices can create difficulties later.
Access can also become an issue
Where works legitimately require access to adjoining land under the Act, an empty building does not automatically remove the need to follow the correct access procedure.
See our Party Wall Access Rights guide for more information.
Do not delay ownership checks
If you know the neighbouring building is vacant, investigate ownership early.
Simple Survey can manage difficult ownership situations
Visit our Party Wall Surveyor page if the adjoining property is empty or the owner is difficult to identify.