Overview
Question: If an adjoining owner receives a party wall notice shortly before selling their property, must they tell the buyer? If they consent to the notice, is the buyer bound by that consent?
The safe answer is that the buyer should be told. Party wall notices can affect the use, enjoyment and risk profile of the property, so they should not be hidden during a sale.
Tell the incoming owner
An adjoining owner who receives a party wall notice before sale should disclose it to the incoming owner. The notice may be relevant to the buyer because the proposed works could involve noise, access, risk of damage, schedules of condition or future dealings with surveyors.
Failure to disclose the notice may create problems in the sale process and could lead to allegations that a material issue was not revealed.
Does consent bind the buyer?
Consent given by the outgoing owner will not always bind the incoming owner, especially where the works have not started and ownership changes before the works are carried out.
In practice, the building owner should consider serving a fresh notice on the new owner once the sale completes. That avoids uncertainty and ensures the person now affected by the works has the opportunity to respond.
What if works have already started?
If works have already started, the position becomes more fact-sensitive. It may still be sensible to notify the incoming owner and record the position clearly.
Where an award has already been made, the appointment and award may continue to regulate the works, but the incoming owner should be brought up to date promptly. Additional costs should be kept reasonable and should not become an excuse for unnecessary duplication.
Existing disputes and surveyor appointments
If the outgoing owner dissented and surveyors were already appointed, the incoming owner may usually continue with the process already in place. A change of ownership should not automatically justify a second set of costs or a fresh round of appointments unless there is a proper reason.
Practical steps
Where a sale is pending, the best approach is to:
- disclose the notice to the buyer;
- tell the building owner or their surveyor that a sale is underway;
- confirm the anticipated completion date;
- avoid giving consent without considering the buyer's position;
- serve fresh notice after completion if necessary.
Conclusion
An adjoining owner selling a property should tell the buyer about any party wall notice received. Consent given before the sale may not be enough once ownership changes, so the building owner should usually regularise the position with the incoming owner.