Serving party wall notice: how to serve a party wall notice properly, how to serve party wall notice on every owner, the party wall notice period each one runs, and what party wall notices have to contain

Serving a notice is not difficult, but it is exact, and the three ways it goes wrong are always the same: it is served late, it is served on the building rather than on every owner, or it leaves out something the Act requires it to state. None of those is a matter of judgement, which means all three are avoidable in an afternoon. What follows is the order to do it in, and the worksheet under it counts the dates from the day your builder wants to start.

Serve on owners, not on addresses

The Act serves owners. A freehold house next door with one owner is one adjoining owner; a converted house with a leaseholder upstairs, a leaseholder downstairs and a freeholder is three, and each of them gets their own notice of each kind. Where the neighbouring property is let, both the landlord and a tenant with a long enough interest can be owners. Getting the list of owners right before you write anything is the single most useful hour on the whole job, because a notice that missed an owner has to be started again.

Count the period back from the start date

A party structure notice is served at least two months before the work begins. A line of junction notice and an adjacent excavation notice are served at least one month before. Those periods run from service rather than from posting, so allow for the post as well, and remember that a party structure notice lapses if the work has not begun within twelve months of service. Counting back from the builder's start date, rather than forward from today, is what shows you whether the job is already too late.

Say what the Act requires, and keep the proof

A party structure notice states the building owner's name and address, the nature and particulars of the proposed work, including plans and sections where special foundations are proposed, and the date the work will begin. Serve it in a way you can evidence: by hand with a witness, or by post to the property with a record. Keep a copy of exactly what went out, with the date, because a fortnight later the only question that matters is what was served and when.

Questions people ask about serving party wall notice

Can I serve a notice by email?

Only where the adjoining owner has agreed to accept service that way. Post or personal delivery is the safe route, and a copy kept with its date is the proof you will want later.

What if I do not know the neighbour's name?

Notices can be addressed to the owner or occupier of the property where a name is genuinely unknown, but make reasonable efforts first. Where the property is registered, the register names the owner.

Does a notice expire?

A party structure notice ceases to have effect if the work has not begun within twelve months of service and is not prosecuted with due diligence. A job that slips a year needs serving again.

Sources

Related answers

Start Abutly ProKeep the notices, not a folder of scans