If you are planning home improvement works that touch a shared wall, boundary wall, or
involve excavation close to a neighbour, you may be a “building owner” for the purposes of
the Party Wall etc. Act 1996. In London, where terraced houses, semi-detached homes
and flats commonly share structures, the definition matters because it triggers formal
notices and a clear dispute-resolution process.
Quick answer: A building owner is an owner of land who intends to carry out building
works covered by the Act. This can include freeholders and many long-leaseholders. If the
Act applies, the building owner must serve notice on each adjoining owner and follow the
statutory steps before starting work.
Who qualifies as a building owner?
• A freeholder carrying out the works.
• A leaseholder with a lease of more than 12 months who has the right to do the works
(common in London flats).
• Joint owners (all owners should be named on notices).
• A company or landlord that owns the relevant title.
Short-term tenants are not usually treated as “owners” under the Act. If your property has
multiple interests (for example, a freeholder and several long-leaseholders), you may need
to notify more than one adjoining owner.
When does the Party Wall Act apply?
Most homeowner projects that trigger the Act fall into three groups:
• Work to an existing party wall or party structure (for example cutting in steel beams,
removing a chimney breast, raising, thickening or underpinning).
• Building a new wall at the boundary (up to the line, or astride it with the neighbour’s
consent).
• Excavating close to a neighbour’s structure below foundation level (often relevant for
extensions, rear returns and basements).
Purely cosmetic works (like replastering or drilling for shelves) are usually outside the Act.
If you are unsure whether your works are notifiable, it is sensible to check before
committing to your start date.
Your duties as the building owner
• Serve the correct Party Wall Notice(s) on all relevant neighbours before you start.
• Allow the adjoining owner time to respond. If they dissent (or do not respond within 14
days), a dispute is treated as having arisen and surveyors must be appointed.
• Where required, agree a Party Wall Award setting out the scope of works, safeguards,
access arrangements and how damage will be handled.
• Carry out the works with reasonable care, and make good (or pay for) any damage
caused by the works.
• Use access rights reasonably and with proper notice, aiming to minimise disruption.
Notice periods vary by the type of work, but many party wall works require at least two
months’ notice, while some excavation and boundary notices may require at least one
month. Your notice should clearly describe the proposed works and the intended start date;
drawings are often helpful for clarity.
Key questions homeowners ask
• What if my neighbour does not reply? Non-response is treated as a dissent after 14
days. Surveyors are then appointed and an Award can be made so the works can
proceed with protections in place.
• Can my neighbour stop the works? They cannot veto lawful works under the Act, but
they can insist the Act is followed. Starting without compliance can lead to an injunction
and delays.
• Who pays the surveyor’s fees? In most homeowner projects, the building owner pays
the reasonable surveyor costs because the works are for their benefit.
• Flats and leasehold in London: It is common to have multiple owners to notify (for
example, a freeholder plus long-leaseholders). Missing a relevant owner is a frequent
cause of delay.
Next steps
• Confirm whether your project falls within the Act.
• Identify every adjoining owner who must receive notice (this may include freeholders
and long-leaseholders).
• Serve notice with accurate descriptions and supporting information where appropriate.
• If there is a dispute, obtain an Award before starting notifiable works.
For practical, local support, speak to a party wall surveyor in London early, ideally
before you finalise your programme. Getting the process right at the start is usually the
fastest route to a smooth project and good neighbour relations
This article covers one part of the Party Wall etc. Act 1996. For the full picture, including notices, awards, timescales and disputes, read The Party Wall Act Explained: A Complete Guide for London Homeowners.
“Every property tells a story. My job is to read it accurately and explain what it means for you, in plain English.”
Talk to a chartered surveyor.
Whether you are undertaking works or have been served notice, a short call is usually enough to set the right next step. Same working day, no charge, no obligation.