Blogs
Cladding Removal and the Party Wall etc. Act 1996: Notification Requirements for Leaseholders
Wednesday 5th February 2025
Carl O'Boyle BSc MRICS FCIOB MFPWS
Under the Party Wall etc. Act 1996, the requirement to serve notices depends on the nature of the works and whether they fall within the scope of the Act. Specifically. Section 2(2)(k) deals with works to demolish and rebuild a party wall or structure.
If the cladding removal involves cutting into or otherwise affecting a party wall or structure, or if it involves external walls that are shared with adjoining properties, then you may need to serve notices under the Act. However, if the cladding removal is purely superficial and does not affect the structural integrity or shared elements of the building, it may not fall under the Act.
Key Considerations:
1. Party Wall Involvement: If the cladding removal involves cutting into or affecting a party wall, you must serve notice on the adjoining owners(not necessarily the leaseholders, unless they are the owners of the adjoining property).
2. External Walls: If the cladding removal affects external walls that are shared with adjoining properties, this could fall under Section 2(2)(n) (excavation near adjoining buildings) or Section 6(adjacent excavation and construction), depending on the circumstances.
3. Leaseholders: If the leaseholders are not the adjoining owners (i.e., they do not own the adjoining property), you do not need to serve notice on them under the Party Wall Act. However, you may still need to notify them under the terms of their lease or other contractual obligations.
4. Freeholder's Role: As the freeholder, you are responsible for ensuring compliance with the Party Wall Act if the works fall within its scope. If the leaseholders are affected by the works, you may need to communicate with them separately, but this is not a requirement under the Act itself.
Practical Steps:
- Assess whether the cladding removal affects party walls or shared structures.
- If it does, serve Party Wall Notices on the adjoining owners (not leaseholders, unless they are the owners).
- If the works do not affect party walls or shared structures, no Party Wall Notice is required.
- Check the lease agreements to determine if any additional notifications to leaseholders are required.
