The short answer
An adjoining owner who receives a party wall notice before selling should tell the buyer — notices affect the property’s use, risk and enjoyment and should not be hidden in a sale. Consent given by the outgoing owner will not always bind the incoming owner, so the building owner should usually regularise the position with the new owner.
Why it matters
The notice may be relevant to the buyer because of noise, access, risk of damage, schedules of condition or future dealings with surveyors. Non-disclosure can disrupt the sale and lead to allegations that a material issue was concealed. Where works have not started and ownership changes, consent from the outgoing owner may not carry over, so a fresh notice on the new owner is often sensible. If an award is already in place it may continue to regulate the works, but the incoming owner should be brought up to date and any extra costs kept reasonable.
What to do now
- Disclose the notice to the buyer.
- Tell the building owner or their surveyor that a sale is underway, with the anticipated completion date.
- Avoid giving consent without considering the buyer’s position.
- After completion, serve a fresh notice on the new owner if needed.
- Where surveyors are already appointed, continue the existing process rather than duplicating it without reason.
Common mistakes
- Hiding the notice from the buyer.
- Assuming the outgoing owner’s consent binds the buyer.
- Starting a second round of appointments and costs just because ownership changed.
When to call Coburns
If a notice has landed mid-sale, on either side, send us the notice and the completion date and we will set out the cleanest way to handle it.