Who is an ‘owner’?

HomeWho is an ‘owner’?

Who is an ‘owner’?

party wall surveyor Penge and purley

Section 20 of the Party Wall surveyor Penge etc. Act states:

In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them—

“adjoining owner” and “adjoining occupier” respectively mean any owner and any occupier of land, buildings, storeys or rooms adjoining those of the building owner and for the purposes only of section 6 within the distances specified in that section;

“appointing officer” means the person appointed under this Act by the local authority to make such appointments as are required under section 10(8);

“building owner” means an owner of land who is desirous of exercising rights under this Act;

“foundation”, in relation to a wall, means the solid ground or artificially formed support resting on solid ground on which the wall rests;

“owner” includes—

  1. a person in receipt of, or entitled to receive, the whole or part of the rents or profits of land;

(b) a person in possession of land, otherwise than as a mortgagee or as a tenant from year to year or for a lesser term or as a tenant at will;

(c) a purchaser of an interest in land under a contract for purchase or under an agreement for a lease, otherwise than under an agreement for a tenancy from year to year or for a lesser term;

Under the Act, the word “owner” includes the person(s), company or other body: 

holding the freehold title; 

holding a leasehold title for a period exceeding one year; 

under contract to purchase such a freehold or leasehold title; 

entitled to receive rents from the property. 

There may therefore be more than one “owner” of a single property.

You must remember that reaching agreement with the Adjoining Owner or owners under the Act does not remove the possible need to apply for planning permission and/or to comply with building regulations procedures. Conversely, gaining planning permission or complying with the building regulations does not remove the need to comply with the Act where it is applicable. 

If you intend to carry out building work which involves one of the following categories: 

1. building a free-standing wall or a wall of a building up to or astride the boundary with a neighbouring property (section 1 of the Act) 

2. work on an existing party wall surveyor Purley or party structure (see paragraph 3 below) or building against such a party wall surveyor Penge or party structure (section 2 of the Act) 

3. excavating near a neighbouring building (section 6 of the Act) 

you must find out whether that work falls within the Act. If it does, you must notify all Adjoining Owners. 

If work starts without a notice being given, an adjoining owner can seek to stop the work through a court injunction or seek other legal redress.

For more information visit https://partywallssurveyors.co.uk/or contact 0203 239 8666 / 0777 3360033


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