Key Takeaways
Boundary party walls are usually shared — both neighbours have rights and responsibilities.
The Act doesn’t change ownership — it sets the rules for notices, rights, and disputes.
Sales don’t usually void an Award — but if ownership changes before work starts, notices may need re-serving.
Who Owns a Party Wall?
One question we get asked at Westville Associates is who actually owns the party wall. Ownership literally depends on who owns the land the wall sits upon. However, both the shareholders of the wall have a legal interest and share joint responsibility for its maintenance. More on who’s wall is it.
For clarity
- Building Owner = Notice server; they are having work done on their property. (called Serving Notice)
- Adjoining owner = Persons being served a notice of what work next doors are proposing.
- A (party wall) award is a legal document outlining both building owners’ rights and responsibilities.
Does the Act change ownership of the party wall?
No. The party wall does not change or alter in any way who owns the existing party wall, which can include a party structure, fencing and garden wall or flank wall, and boundaries. The act assumes joint ownership and focuses on providing a legal framework for ensuring that if either party wishes to make alterations or changes, the work is carried out responsibly and with clear communication. More on the Act.
When a property is sold the ownership of the party wall is sold with the property as you would expect. Any party wall agreement which has been put in place before the sale of the property is generally transferred to the new house or residential property owner. This also includes garden fencing for example.
- Whether party wall legislation becomes slightly complicated is when a person affected by the next-door building owner’s work could be a tenant as opposed to the actual freeholder/leaseholder. It pays to take advice and to know exactly who you are dealing with.
When properties are sold or change hands
Further complications can occur when the adjoining owner, who has been served a notice and agrees to the proposed work, successfully sells the property before the construction work has started.
- This causes problems if the new owner has reason to disagree with the original award. A party wall award is not part and parcel of the property but is served to an owner or person. So if ownership of the property changes the process has to begin again.
In our experience, if you build a relationship with your new neighbour and explain exactly what is going on, they are likely to agree to the proposed building works. If they had their own conveyancing undertaken when they purchased the property, they would be well aware of the party wall agreement that was in place.
It does, however, mean that you will have to begin the process again and serve another notice.
If nothing within the details of the construction planning has changed, it is unlikely there will be any dispute in our experience. Still does mean more time and money. It is important to note that the properties rarely change hands during construction works.
If you’re in any doubt, please phone Simon Burrage on 01932 864375. He is delighted to give you the benefit of his expertise.
Simon has been dealing with party wall awards notifications and disputes for over a decade. He is well known in Surrey for the depth of his knowledge and his ability to process party wall awards quickly and efficiently, communicating clearly with all parties involved.
Two questions asked this week
1. We are often asked “can everything be done by email? Can the notice simply be emailed?” This is up to the adjoining owner. They can specify paperless, alternatively, they can insist on everything in writing.
2. Do I have to pay for a surveyor?
No, if the structural work is very simple, you can do it yourself. We have supplied several downloadable forms and notices here for you to use.
Read more
Party Wall etc. Act 1996 (official legislation text) – Legislation.gov.uk
The Party Wall etc. Act 1996: Explanatory booklet (UK Government guidance) – GOV.UK
FAQS
Who owns a party wall on the boundary?
A boundary party wall is generally jointly owned by both neighbouring property owners, with each owning the part on their land and sharing rights and responsibilities under the Party Wall etc. Act 1996.
Does the Party Wall Act change ownership?
No — the Party Wall etc. Act 1996 doesn’t change who owns a wall; it sets out the rights, duties, and dispute-resolution process when certain works affect a shared or neighbouring structure.
What happens to a Party Wall Award when a property is sold
A Party Wall Award usually remains valid after a sale: it “runs with the land,” so the rights and obligations transfer to the new owner (e.g., ongoing access rights, making good damage, or payment responsibilities), unless the Award says otherwise.
