Once you know your works are notifiable under the Party Wall etc. Act 1996, the next step is working out who must receive notice. Get this wrong and even a perfectly drafted notice can be invalid.
Who counts as an “owner”? (Section 20)
Under s.20, an owner includes:
- The freeholder, and
- Any leaseholder with an interest exceeding 12 months (i.e., fixed term > 1 year).
It does not include: mortgagees, tenants at will, or ordinary ASTs of 12 months or less.
Simple case: a single freehold house
- If it’s owner-occupied, you may already know the names—but always check the Land Registry.
- All joint legal owners must be named (it’s common that only one spouse is on the title).
Flats and long leases: who gets notices?
Where the neighbour is a building split into flats, you’ll typically have multiple owners:
- The freeholder (or head-lessee), and
- Each leaseholder with > 12 months for the flats that are affected.
If you’re not certain which flats are affected (e.g., party structure works affecting only part of a building), a pragmatic and common approach is to:
- Serve the freeholder first, and
- Ask them (in your cover letter) to identify the relevant long-leaseholders so you can add service as needed.
Tip: For Section 6 excavations, the definition of affected owners is broad—expect to serve the freeholder and any long-leaseholders whose premises are within the statutory distance/depth tests.
Shorter residential tenancies (> 1 year but < 7)
- These are not publicly searchable.
- Standard practice: assume ordinary ASTs are ≤ 12 months (and not owners) unless you’re told otherwise.
- It’s the fixed term that matters: a 2-year lease with a 12-month break will usually not qualify as an “owner” (fixed term capable of ending at 12 months).
Where leaseholders also own the freehold (management company)
You may see a structure like “10 Acacia Avenue Management Ltd” as the freeholder, with each flat holding a long lease.
- You still need to notify the freehold company and (where affected) the long-leaseholders.
- Practically, serve the freeholder first and invite a coordinated response; if the freeholder consents or dissents and appoints a surveyor, leaseholders often align. Keep capacity to serve the leaseholders individually if required.
Mixed-use and intermediate landlords
In shops-with-flats or buildings with head-leases and under-leases, work up the chain:
- Freeholder,
- Head-lessee (if > 12 months), and
- Any under-lessee with > 12 months whose demise is affected.
If in doubt, over-include and serve to preserve validity (you can always agree consolidation later).
When ownership is unclear or unknown
- If the property is unregistered or just changed hands, you may not confirm names in time.
- Section 15 allows service to “The Owner”: hand-deliver or fix to a conspicuous part (e.g., front door)—do not post a “The Owner” notice.
- Take photos (close-up and context) for your service record.
Common pitfalls to avoid
- Missing joint owners (e.g., only one spouse on title).
- Serving only the freeholder where an affected long-leaseholder also qualifies.
- Assuming all flats are affected—or none are—without checking the actual interface of the works.
- Forgetting managing agents are not owners (copy them in for coordination, but serve the legal owners).
Quick workflow (practical)
- Pull title for the neighbouring property (and, for flats, the freehold title).
- Map the works interface (party structure, line of junction, excavations) to the parts demised to each owner.
- List owners: freeholder + every leaseholder > 12 months that’s affected.
- Where uncertain, serve the freeholder and ask for affected long-leaseholder details; be ready to serve them too.
- If unknown, serve “The Owner” by affixation (with photos).
- Serve by a valid method (s.15) and keep evidence of service.
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