What Happens If the Adjoining Owner Changes During a Party Wall Process?

If you're planning building works that fall under the Party Wall etc. Act 1996, or if you're a neighbour to someone who is, you may be wondering what happens if one of the property owners changes mid-process.

At Party Walls Limited, we recently dealt with exactly this situation in Fulham, where an Adjoining Owner sold their property during an active party wall process. Here's what happened—and what you need to know if you’re buying, selling, or involved in a project where party wall matters are in play.

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Case Study: Party Wall Notice in Fulham, London

A Building Owner in Fulham was planning a rear extension, which included notifiable works such as cutting into the shared party wall and excavating within three metres of the neighbouring structure. A Party Wall Notice was served correctly, and the Adjoining Owner dissented - appointing a surveyor to act on their behalf.

Everything was progressing normally, until the Adjoining Owner accepted an offer on their property and was set to complete the sale before the Party Wall Award was finalised.

This scenario raised a crucial question:

Does a change in ownership affect the validity of a Party Wall Notice or Award?

Well, if the Adjoining Owner has already sold the property before the Party Wall Notice is served, that notice must be addressed to the current legal owner at the time of service. A notice sent to a previous owner is invalid.

In this particular Fulham job, the Adjoining Owner changed during the process, leaving us with some considerations:

• Once a valid Party Wall Notice is served, the adjoining property owner may dissent and appoint a surveyor.
• If they then sell the property mid-process, the new owner steps into their shoes and inherits their rights and responsibilities under the Party Wall etc. Act 1996.
• The new owner can:
• Continue with the same surveyor (most common).
• Appoint a new surveyor (which may lead to delays and added cost).

In our case, the incoming Adjoining Owner allowed the process to continue uninterrupted and retained the same surveyor. We liaised with their solicitor to keep them informed, and the Party Wall Award was served without issue.

Even if the Award had already been finalised and served, it would have remained fully valid— even if the property changes hands. The new Adjoining Owner inherits the rights and protections set out in the Award, including:

• The right to receive notice of when the works will begin.
• Access to the agreed schedule of condition.
• The ability to claim for any damage caused by the notifiable works.

They cannot reopen or dispute the Award unless there is a material breach or significant change in circumstances.

There is never a dull day in Party Wall matters and each job may be very different to the last, so it is important to keep learning and to keep pushing for solutions to tricky scenarios. For this situation, our helpful key takeaways are:

• Party Wall Notices and Awards “run with the property,” not the person.
• A sale before a notice means a new notice must be served to the current owner.
• A sale during the process means the new owner steps in but can change surveyors if they wish.
• A sale after an Award means the new owner is bound by, and protected under, the existing Award.

Whether you're a Building Owner planning works or an Adjoining Owner protecting your property, our expert team at Party Walls Limited is here to help.

Email: info@partywallslimited.com
Phone: 020 8877 0365

Website: www.partywallslimited.com