“Deemed service” sounds like a technical legal phrase.
In practice, it relates to an important question:
When is a Party Wall document legally treated as having been served?
That date matters because statutory deadlines run from service.
Why the service date matters
The date of valid service can determine:
- when the adjoining owner’s response period begins;
- when a deemed dispute arises;
- whether statutory notice periods have been satisfied;
- when an Award appeal deadline begins; and
- whether a notice remains within its validity period.
Poor evidence of service can therefore create disproportionate problems.
Section 15
Section 15 of the Act sets out permitted service methods.
Simple Survey has a dedicated Beginner’s Guide to Section 15.
Methods include service:
- personally;
- by post to the appropriate address;
- through relevant methods for companies;
- in certain circumstances by addressing documents to “the owner” at the premises; and
- electronically where the statutory requirements for electronic communication are satisfied.
“I sent it” is not always the end of the issue
If service is later disputed, evidence becomes important.
Keep:
- a copy of the document;
- service date;
- address used;
- postal evidence;
- delivery evidence where appropriate; and
- any electronic-service consent.
Why advisers use care with postal assumptions
Rules about when posted documents are legally treated as served can interact with general legal principles and the circumstances of the particular case.
Where a critical deadline depends on the date, do not rely casually on assumptions such as:
“I posted it Tuesday, therefore it was served Tuesday.”
Awards and the 14-day appeal period
Service timing becomes particularly serious with Party Wall Awards because the 14-day statutory appeal period begins with service on the relevant party.
Anyone contemplating an appeal should obtain legal advice immediately rather than debating deemed-service calculations informally.
Electronic service
Since 2016, the Act permits electronic communication where the recipient has stated a willingness to receive documents that way and provided the relevant electronic address.
Simply knowing someone’s email address is not necessarily the same as satisfying those statutory requirements.
Practical service record
For every Party Wall document, record:
- recipient;
- document;
- method;
- date;
- address;
- evidence; and
- any acknowledgement.
The key point
Service is not administrative trivia. It can determine whether the entire statutory timetable has been followed correctly.
Simple Survey can help
If you are serving Party Wall Notices, Simple Survey can prepare and manage the service process and maintain a clear documentary record.