Nauman Zafar | Party Wall Consultant | Survey of Party Wall · Last Updated: June 2026 · Reviewed against the Party Wall etc. Act 1996 and Pyramus & Thisbe Club best practice
Who Counts as an Adjoining Owner in a Flat
This catches people out constantly. A notice served only on the freeholder, or only on the neighbouring leaseholder, is incomplete. Every qualifying interest must be identified through Land Registry and served. Incomplete service means the award does not bind the owners who were missed.
Which Works in a Flat Trigger the Act
| Work | Section | Notice Period |
|---|---|---|
| Removing or altering a wall between flats | Section 2 | 2 months |
| Cutting into the floor or ceiling structure | Section 2 | 2 months |
| Inserting steels bearing on a party structure | Section 2 | 2 months |
| Chimney breast removal on a shared stack | Section 2 | 2 months |
| Ground floor flat excavation near foundations | Section 6 | 1 month |
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Three Scenarios
Representative illustrative scenarios. Not named clients.
Scenario 1. A Clapham first floor leaseholder removed a structural wall between kitchen and living room. Notices were needed for the flats above and below plus the freeholder. An agreed surveyor handled all three interests in one award. Illustrative total: £1,900.
Scenario 2. An Islington leaseholder served notice only on the freeholder. The leaseholder below was missed. When ceiling cracks appeared, the downstairs owner had never been served, no schedule of condition existed for their flat, and the building owner had no evidence the cracks were pre-existing. Settlement cost several times the saved fee.
Scenario 3. A ground floor Camden leaseholder planned a small rear infill with new foundations. Section 6 applied to the building next door. The freeholder licence and the party wall process ran in parallel and completed together, keeping the programme intact.
Key Takeaways
- Floors and ceilings between flats are party structures, the Act fully applies
- Anyone with a lease over one year is an owner, expect multiple notices per project
- You usually need both a licence for alterations from the freeholder and party wall notices
- Missing one qualifying owner leaves the works unprotected against that owner
- Building owner pays all reasonable surveyor fees under Section 10(13)
Frequently Asked Questions
Does the Party Wall Act apply to flats?
Yes. Walls, floors and ceilings separating flats are party structures under Section 20. Structural works to them are Section 2 works with a two month notice period.
Do I serve the freeholder or the leaseholders?
Potentially both. Every person with a leasehold interest longer than one year, plus the freeholder, can qualify as an adjoining owner and must be served.
Does freeholder consent replace party wall notices?
No. A licence for alterations and the party wall process are separate legal requirements. You usually need both before structural works begin.