Flats, maisonettes and party walls
The Party Wall Act isn't just about houses. In a converted house or a block of flats, the floors and ceilings between flats are "party structures", so work to them can need notice just like work to a shared wall.
What counts as a party structure?
A party structure is a wall, a floor, or another structure that separates parts of a building in different ownership. In flats and maisonettes, that usually means:
- the floor and ceiling between an upper and a lower flat
- the walls between flats side by side
- the walls between your flat and the communal stairs, where these are owned separately
Typical notifiable work
- Replacing or strengthening floor joists between flats
- Inserting steel beams that bear on a party wall or party structure, such as when removing a wall in an upper flat
- Removing a chimney breast that serves or supports another flat
- Loft conversions above a top-floor flat that bear on the structure below
- Lowering the floor of a basement or lower-ground flat
These are section 2 works, which need two months' notice.
Who must be served?
Under the Act, an "owner" includes the freeholder and any leaseholder with a lease of more than a year. Tenants renting on shorter terms aren't owners under the Act, so they don't need to be served, though it's courteous to let them know. In a building of flats, notices may need to go to the owners of the flat above or below, any flat beside it, and the freeholder.
Check your lease too. Most leases need the freeholder's or management company's consent for structural alterations. That's separate from the Party Wall Act, and you may need both.
Flat questions
I own a top-floor flat. Do I need a party wall notice for a loft conversion?
Usually, yes. A loft conversion normally involves work to the party walls and the structure shared with the flats below. You'll also need the freeholder's consent under your lease, and usually a lease variation to include the loft space.
Does replacing floorboards or adding soundproofing need notice?
Replacing floor finishes or adding soundproofing on top of the existing structure generally doesn't. Cutting into, removing or replacing the joists or other structural parts of the floor does.
Not sure if the Act applies to your project?
Tell us what you're planning. We'll tell you, free of charge, whether you need to serve notice and what happens next.