🏢 Serving Party Wall Notices in Multi-Owner Buildings

By Lee Kyson

Disclaimer: This is a reasoned interpretation, not legal advice. Each case must be judged on its own facts. There is no known court precedent that directly confirms or contradicts this view.

📜 The Core Question

When a building has multiple owners (e.g., flats with leaseholders & a freeholder), who should receive the Party Wall notice?

Many assume all owners must be served. I suggest a more practical reading of the Party Wall etc. Act 1996 (the “Act”):

  • Serve one relevant adjoining owner (often the freeholder)

  • All others remain protected under sections 6(10), 7(1), and 7(2) of the Act

⚖️ Legal Basis

"Any" vs "All"

Section 3(1) states:

“...a building owner shall serve on any adjoining owner a notice...”

The word “any” is singular and context-dependent — it does not automatically mean “all”.
📚 In Balfour Beatty v Grove [2016] EWCA Civ 990, Lord Justice Jackson clarified that “any” does not always mean “every”.

🛡️ Protection for All Owners & Occupiers

Even if notice is served on just one adjoining owner:

  • Section 7(1): No unnecessary inconvenience to any adjoining owner/occupier

  • Section 7(2): Compensation for loss or damage to any adjoining owner/occupier

  • Section 6(10): Liability for injury to any adjoining owner/occupier remains

This means leaseholders and occupiers benefit from the same protections, even without being directly served.

💰 Avoiding Costly Over-Servicing

Serving notices on every leaseholder can cause:

  • Multiple surveyors appointed (one per owner)

  • Several awards for the same works

  • Conflicting repair instructions and disputes

  • Unnecessary costs for the building owner

Example: A job for 3 steel beams once resulted in 5 awards and 5 surveyors — a process that two surveyors could have handled.

🛠️ Practical Clause Suggestions for Awards

To reassure leaseholders, clauses could include:

  • All damage repaired in matching materials, cash in lieu may be ruled out on the basis that the freeholder likely owns the fabric of the building.

  • Copies of the Award to leaseholders within Section 6 distance

  • Explicit references to Sections 6(10), 7(1), 7(2) protections

  • Clear process for claims to be handled by the appointed surveyors

💬 Analogy

“If I hold out five pencils and say ‘you shall take any pencil’ — you’d probably take one, not all five.”

📌 Conclusion

From a Building Owner’s perspective, the Act is enabling; from an Adjoining Owner’s perspective, it is protective.
Serving notice on a single, appropriate adjoining owner (often the freeholder) can satisfy the Act’s requirements and keep all other owners/occupiers protected — without multiplying costs and complexity.