The short answer
Yes, the Act can apply to flats. It applies to work that cuts into or changes a party structure, to a new wall built on the boundary, and to digging close to a neighbouring building. In a building of flats the shared walls, floors and ceilings can be party structures, so some alterations need a notice. Most do not.
| Work in a flat | Does the Act usually apply? |
|---|---|
| Redecorating, new kitchen units, new floor coverings | No. Your lease and noise rules are separate matters |
| Fixing shelves, adding sockets, replastering | Generally not treated as notifiable work |
| Cutting into a shared wall, floor or ceiling, for example to insert beams or form an opening | Yes, it can need a Section 3 notice |
| Removing a chimney breast that is shared with a neighbour | Often yes. See chimney breast removal |
| Extending a ground-floor flat, building at the boundary or digging near a neighbour’s foundations | Section 1 or Section 6 can apply |
| A loft conversion above a top-floor flat | Often yes. See loft conversions |
When a floor or wall is a party structure
The Act’s term is party structure. As well as party walls, it covers a floor, partition or other structure that separates buildings, or parts of buildings, approached solely by separate staircases or separate entrances.
- A house converted into flats, each with its own entrance or staircase. The floor and ceiling between the flats can be a party structure.
- Flats side by side with separate entrances. The wall between them is likely to be a party structure too.
- Flats that share one communal entrance and staircase, as in many purpose-built blocks and mansion blocks. The position is less clear, and surveyors can take different views. Get advice on your building before you assume either way.
Who counts as an owner
The Act speaks of owners, not occupiers. An owner includes the freeholder, anyone entitled to receive the rents or profits of the property, and anyone in possession of it other than as a mortgage lender or as a tenant on a yearly tenancy or a term of a year or less.
| Who you are | Counts as an owner? | What it means |
|---|---|---|
| Freeholder | Yes | Usually needs to be served as well as the leaseholders affected |
| Leaseholder with more than a year to run | Yes | You can serve notices, and you must be served with them |
| Tenant on a short tenancy | No | Pass any notice to your landlord straight away |
Your lease is a separate hurdle
Most leases forbid structural alterations without the freeholder’s written consent, often called a licence to alter. The Act does not replace that, and a party wall award does not give you permission under your lease. In the same way, consent under your lease does not replace a notice under the Act. For structural work you may need both, and the order matters: ask the freeholder early, because it can take longer than the notice period.
We advise on the Act, not on what your lease allows. For the lease, ask the freeholder or managing agent, or a solicitor.
If you are a leaseholder planning work
- Read your lease and ask the freeholder about consent before you commission drawings.
- Work out whether the Act applies, using the table above. If the work cuts into a shared structure, it probably does.
- Find the owners. A Land Registry search shows the freeholder and the registered leaseholders of the neighbouring flats.
- Serve the right notices, on every owner affected, in good time. See the party wall notice template and how long a notice lasts.
- Expect an award if a neighbour dissents, and allow time for it.
If you have received a notice
If you own your flat on a long lease, you are an adjoining owner and you have 14 days to reply. Silence counts as dissent for work to a party structure, so do not leave it. Read how to respond to a party wall notice, or call us. If you rent on a short tenancy, give the notice to your landlord at once, because the rights and the deadline are theirs.
Talk to us
The first call is free. Tell us how your building is arranged and what you want to do, and we will say whether the Act applies and what it would cost, in writing. Call 0800 999 1947.
Questions about flats and the Act
Do I need a party wall notice to replace the flooring in my flat?
Usually not. Laying new floor coverings does not cut into a party structure. Your lease may restrict hard flooring because of noise, but that is a lease matter, not a party wall one. If the work cuts into the structural floor, ask first.
Does the freeholder have to be served?
The freeholder is an owner for the purposes of the Act, so where the work affects a part of the building that the freeholder owns, the freeholder is usually served as well as the neighbouring leaseholders affected. A Land Registry search shows who holds each title.
I rent my flat. Can I serve a party wall notice?
Not as a tenant on a short tenancy, because the Act speaks of owners and a tenant on a tenancy of a year or less is not one. Your landlord, or the leaseholder you rent from, would be the building owner, and you would need their permission for any structural work in any case.
Does my landlord’s consent under the lease replace a party wall notice?
No. Consent under your lease and notices under the Act are separate, and you may need both. A party wall award does not give you permission under the lease either.
Does the Act apply to a flat in a converted house?
It depends on how the building is arranged. Where flats have their own entrances or staircases, floors and walls between them can be party structures. Where they share one communal entrance and staircase it is less clear. Ask us about your building.