Getting the Party Wall notice wrong is the fastest way to derail a project. An invalid notice doesn’t just irritate neighbours—it wipes out your legal footing under the Party Wall etc. Act 1996, forces you to restart statutory time periods, and can invite injunctions and costs. Here’s a plain-English breakdown of the most common errors we see, how to spot them, and what to do instead.
1) Naming the wrong people (or not naming everyone)
The mistake: Serving on “The Occupier” or just the freeholder when there are long-leaseholders (over 12 months), joint owners, or a management company. In blocks of flats, it’s common to notify the freeholder but miss individual leaseholders whose demises adjoin the works (including flats above/below for Section 6 excavation).
Fix it: Pull the Land Registry title(s), check for long leases, and map who actually adjoins or is within the excavation distances. Where ownership is split (freehold company plus leaseholders), serve all relevant owners.
2) Incorrect or incomplete addresses
The mistake: Mixing correspondence addresses with property addresses, omitting postcodes, or using an out-of-date registered address for an absent owner.
Fix it: Use the property address on the face of the notice, and a correspondence address for service (where appropriate). If ownership details are stale or unknown, use the Act’s provisions for addressing “The Owner” and fixing the notice to a conspicuous part of the premises where personal service isn’t possible.
3) No reference to the correct section(s) of the Act
The mistake: “We plan to do an extension” with no section numbers. Or bundling everything into a single sentence.
Fix it: State the precise statutory basis:
- Section 1 – new wall at or astride the line of junction,
- Section 2 – works to party structures/party fence walls,
- Section 6 – adjacent excavation.
You can serve combined notices if drafted properly, but make sure each section’s mandatory content is included.
4) Vague, non-technical descriptions of the works
The mistake: “planned works” or “building works” with no detail. The adjoining owner can’t tell what is notifiable.
Fix it: Describe the notifiable elements clearly and succinctly, e.g. “Cutting pockets into the party wall to seat two 203 x 133 x 25 UB steels at ceiling level (Section 2(2)(f))” or “Trench fill foundations to 1.0 m depth within 3 m of the adjoining structure (Section 6).”
5) Missing plans/sections for excavation notices
The mistake: Serving a Section 6 notice without the legally required drawings.
Fix it: Enclose a plan and section showing the site, the adjoining structure, the proposed excavation depth, and distance(s). If you’re proposing special or projecting foundations, say so.
6) Wrong notice periods or unlawful start dates
The mistake: Quoting “14 days” for a party structure notice, or giving a start date inside the statutory period.
Fix it:
- Section 2 (party structure): at least 2 months before works begin.
- Sections 1 and 6: at least 1 month before works begin.
All are calendar months. Never state a start date that falls within those periods unless the neighbour agrees to waive the balance in writing.
7) Not dating and signing the notice
The mistake: An undated, unsigned document (or a signature block that doesn’t identify the signatory).
Fix it: Put the date of service on the notice and sign it (or have your appointed agent sign it), with your printed name and capacity (owner/agent).
8) Serving by email without prior consent
The mistake: Hitting “send” to an address you found online.
Fix it: Email service is fine only where the recipient has confirmed they’re willing to receive notices electronically. Otherwise, serve by post or in person per Section 15.
9) “Pushing through the letterbox” when serving “in person”
The mistake: Hand delivery intended as personal service—left in the mailbox when no one was home.
Fix it: If you must serve “in person,” hand it to the person. If they’re out, serve by post instead, or (for unknown owners) fix the notice to a conspicuous part of the premises as the Act allows.
10) Combining multiple owners or multiple sites on a single notice
The mistake: One notice addressed to “All Owners of 1–9 Acacia Avenue” or one document covering two building addresses.
Fix it: One notice per adjoining ownership and per building address. Keep the chain of service clean.
11) Forgetting foundations that project or use special foundations
The mistake: Omitting whether foundations will project onto neighbouring land or whether “special foundations” (reinforced) are proposed.
Fix it: State this explicitly. Special foundations on neighbouring land require written consent.
12) No clear response route
The mistake: Serving a notice with no acknowledgement form or instructions about the three statutory responses.
Fix it: Include a simple response form that allows the neighbour to consent, dissent and appoint their own surveyor, or dissent and agree to a single Agreed Surveyor.
Quick self-audit before you serve
- Have I identified every relevant owner (freehold/long leasehold)?
- Is the section (1, 2, 6) correct for each work item?
- Are drawings enclosed for Section 6?
- Is the start date outside the statutory period?
- Is the notice dated, signed, and are service details clear?
- Have I included a response form with the three options?
- Does my service method comply with Section 15?
FAQs
Can I correct a defective notice, or must I start again?
If the defect is substantive (wrong parties, missing drawings, wrong section, unlawful start date), re-serve a corrected notice and restart the clock. Minor clerical errors can sometimes be clarified in writing, but don’t gamble—clean service avoids arguments later.
Do weekends and bank holidays affect the notice period?
Notice lengths are calendar months, so weekends/bank holidays don’t matter. Response windows (14 or 10 days) are calendar days.
Can I serve by email to speed things up?
Only if the recipient has agreed to accept service electronically. Get that agreement in writing first.
I served the freeholder—do I also need to serve leaseholders?
Yes, if their demise adjoins or is affected under the Act. Long leaseholders (terms over 12 months) are “owners” for notice purposes.
What happens if I start works on the back of an invalid notice?
You’ll lose the Act’s protection, risk an injunction, and disputes will default to common law. In short: delay, cost, and legal jeopardy—easily avoided with valid service.
Transparent, fixed pricing
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted).
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee, depending on complexity and number of notices/owners.
- Two-surveyor route (we act for the building owner): fixed-fee proposals from £325 for our side. (The adjoining owner’s surveyor often bills hourly; we work to keep those costs reasonable and contained.)
- Complex works (deep excavations, multi-owner blocks): we’ll still offer the fixed pricing above.
- No surprises, no creeping extras. You’ll know the number before we start.
Bottom line
Invalid notices waste time, money, and goodwill. Get the parties right, cite the correct section(s), include the required content, and serve properly. Do that, and you’ll keep control of your programme—and your budget.
Want your notices drafted and served correctly the first time—today?
Email team@simplesurvey.co.uk and we’ll get you moving, fast and compliant.
Simple Survey — quick, correct, and cost-effective Party Wall paperwork.