Overview
A top-floor flat owner in an attached building may want to convert the roof space and install beams into the party wall. In that situation, the question is often: who needs to be served with a party wall notice?
The answer depends on who has an ownership interest in the adjoining property and in the relevant party structure.
Scenario
One adjoining building has been converted into flats, each held on long leases, with a separate freeholder. The other adjoining property is an unconverted house with a single freeholder.
1. Adjoining building converted into flats
The notices should usually be served on:
- the freeholder of the adjoining building; and
- the leaseholder of the adjoining flat that shares the relevant part of the party wall.
The freeholder should be served because they have an interest in the building and the party structure.
The adjacent flat owner should be served where their leasehold interest includes, or is directly affected by, the relevant party wall. Where the lease details are not known, the safer course is usually to serve notice.
A ground-floor or other flat owner who does not share, own or have an affected interest in the relevant part of the party structure may not need to be served. This should be checked against the lease and the layout.
2. Adjoining unconverted house
For the unconverted house, notice should usually be served on the owner of that house.
If the house is freehold, that will normally mean the freeholder. If there are leasehold interests, those interests should be checked.
3. Why the distinction matters
A party wall notice must be served on the correct adjoining owners. In leasehold buildings, that may include more than one person.
Serving the wrong person, or failing to serve a person with a relevant ownership interest, can make the process defective and lead to delay.
Summary
For roof space conversions involving beams into a party wall, notice should be served on those owners with a relevant interest in the party structure affected by the work. That will usually include the freeholder and the directly affected adjoining leaseholder in a converted building, and the freehold owner of an adjoining unconverted house.
Disclaimer
This article is for general information only and is not legal advice. Ownership structures and leases vary, so the correct recipients should always be checked before notices are served.