Development and Party Wall – Freeholder or RTM?

Development and Party Wall – Freeholder or RTM?

10:48 AM, 23rd January 2023, About A year ago 4

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Hello, I’m the director of a Right to Manage Company, the roof space was sold many years ago and the developer now has consent to build on the roof.

The Freeholder has told the management company we use that it is our responsibility to deal with this, arrange party wall agreement etc – not theirs, the Freeholder.

I’m surprised but then I am by many things lately.

Anyone know if this is correct?

Thank you,


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David Smith

12:39 PM, 23rd January 2023, About A year ago

Probably sounds correct as the RMT
Company is responsible for the building.

As the Freeholder has sold off the roof space and do not manage the building why would they get involved.


13:21 PM, 23rd January 2023, About A year ago

The RMT is governed by provisions in the leases. So what does lease say about repair obligations of the roof? If roof is excepted from the demise then the purchaser of the roof became by default the freeholder. What is registered at Land registry. Who is titleholder?

Freda Blogs

13:25 PM, 23rd January 2023, About A year ago

The Developer should pay your PW fees under the legislation, so you may not need to be concerned about the freeholder liability/contribution.

Incidentally, I would have thought it most likely the freeholder has sold a long lease to the developer, so he may still retain an interest. That lease is probably obtainable from Land Reg at modest cost.

Whatever you do, ensure you have your own party wall surveyor to represent you (RTM) alone. I made the mistake once of allowing my PW surveyor to also represent the (offending) neighbour who was doing works which affected my property. I hoped it would enable a less adversarial discussion. It didn't. The PW surveyor capitulated to the neighbour as she was more challenging to deal with.

The RTM is representing the interests of all current leaseholders and you need independent representation.


14:23 PM, 23rd January 2023, About A year ago

Reply to the comment left by Freda Blogs at 23/01/2023 - 13:25
I agree. Likewise, I agreed to a single PW surveyor when I extended my home, and because my neighbour was RICS, I assumed he would recommend someone competent. Initially starting out very friendly, my neighbour soon threatened litigation unless I acceded to his wishes, which were channeled through the PW surveyor who turned out to be his friend, and caused me £20k of unnecessary work, and 3 months delay. I complained to RICS and was awarded £250 due to his poor customer service! Lesson learnt!

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