The short answer is yes, but there are several important factors to consider. While it may seem like a cost-effective option, serving your own notices can often lead to costly mistakes and delays. Here’s why.
The Cost of Serving Your Own Notices
- Surveyor’s Fees for serving a notice are generally nominal, especially when compared to the cost of correcting invalid notices later.
- Despite this, approximately 80% of the notices we see that have been served by building owners are invalid in some way.
Common Mistakes When Serving Your Own Notices
Here are some of the most frequent issues we come across:
- Incorrect Names and Addresses
- Many building owners skip a Land Registry search to confirm who the legal owners are, which often leads to using incorrect names and addresses.
- It’s important to search not just for the freeholders, but also the leaseholders if applicable, as they too may have rights under the Party Wall Act.
- Using the Wrong Type of Notice
- We often see building owners using a Party Structure Notice (Section 2) when their work involves something unrelated, like building on the line of junction, which doesn’t apply to their work.
- Each type of notice is specific to the type of work being done. For example, a Section 6 Excavation Notice requires certain drawings, such as sections through the foundation. We’ve seen many served without this crucial information.
- Serving Notices on Incorrect Parties
- Sometimes, notices are served on non-adjoining owners, which can result in wasted costs if surveyors have to get involved to correct the issue.
Consequences of Invalid Notices
- Surveyors’ Role: The first task of any appointed party wall surveyor is to check the notices. If they are invalid, the surveyor will likely need to draft and serve new, correct notices.
- Delays and Costs: Invalid notices can lead to delays, as the whole process can be deemed invalid until the notices are properly corrected. This could add weeks to an already tight schedule.
- Invalidity of the Process: If the notices are not properly served, you may be able to argue that the Act has not been invoked, which can delay the work further.
Surveyors Making Mistakes
- Surprisingly, we also regularly receive invalid notices that have been served by surveyors acting on behalf of the owners. Small mistakes can sometimes be overlooked if both parties agree to waive them. However, if the mistakes are significant, such as missing or incorrect information, they may be deemed invalid.
- While no one is immune to making the occasional mistake, there’s a big difference between minor errors and completely invalid notices that risk derailing the entire process.
The Bottom Line: Is Serving Your Own Notice Worth the Risk?
- Yes, you can serve your own notices, but if they are incorrect, it can end up costing you more than hiring a professional in the first place.
- In the worst-case scenario, invalid notices could cause delays and incur additional costs to correct them, especially if the whole process is deemed invalid.
- When hiring a surveyor, it’s crucial to ensure that they are competent and experienced. Basic checks, such as verifying their qualifications and asking for references, can save you from headaches later on.
Conclusion
While it may seem like a way to save money, serving your own party wall notices often leads to costly mistakes, delays, and even legal complications. If you’re unsure about serving the notices correctly, it’s best to seek the help of an experienced party wall surveyor to get things right the first time.