The short answer
For a roof space conversion that puts beams into a party wall, notice must be served on every owner with a relevant interest in the affected party structure. In a converted, leasehold building that usually means the freeholder and the directly affected adjoining leaseholder; for an adjoining unconverted house it usually means the freehold owner.
Why it matters
Ownership structure decides who must be served. In a building converted into flats on long leases with a separate freeholder, serve the freeholder, who has an interest in the building and the party structure, and the leaseholder of the flat sharing the relevant part of the wall. A flat owner who does not share or have an affected interest in that part may not need serving — check the lease and layout, and where lease detail is unknown, the safer course is to serve. For an unconverted house, serve the owner, usually the freeholder, checking for any leasehold interests. Serving the wrong person, or missing someone with a relevant interest, can make the process defective and cause delay.
What to do now
- Establish the ownership structure of each adjoining property.
- In a converted building, plan to serve the freeholder and the directly affected leaseholder.
- For an unconverted house, serve the freehold owner and check for leasehold interests.
- Where lease detail is unclear, serve rather than risk an invalid process.
Common mistakes
- Serving only the freeholder, or only the leaseholder, when both have a relevant interest.
- Assuming every flat owner in a converted building must be served.
- Failing to check the lease and layout before serving.
When to call Coburns
Leasehold buildings make “who to serve” the tricky part. Send us the addresses and any lease details and we will identify the correct recipients before notices go out.