Yes — but only if the statutory conditions for electronic service are satisfied.
This is one of the most important changes to Party Wall practice since the Act originally came into force.
The 2016 change
The Party Wall etc. Act 1996 was amended in 2016 to permit service by electronic communication.
However, it was not changed to say:
“If you know the neighbour’s email address, you can serve everything by email.”
There are conditions.
What is required?
Electronic service is permitted where the intended recipient has:
- stated a willingness to receive the notice or document electronically;
- not withdrawn that willingness; and
- specified the electronic address to be used.
That distinction matters.
Does a previous email exchange automatically count as consent?
Do not assume so.
The safest approach is to obtain a clear statement that the owner is willing to receive Party Wall documents electronically and confirm the address they want used.
What should the consent say?
It can be simple.
The important points are that the recipient:
- agrees to electronic service under the Act; and
- specifies the email address.
Retain that confirmation.
Can email consent be withdrawn?
Yes.
The statutory framework allows the recipient to withdraw their willingness to receive documents electronically.
Future service arrangements then need to reflect that.
What documents can be served electronically?
The electronic-communications provisions apply to notices and other documents required or authorised to be served under the Act, subject to the statutory requirements.
This can therefore be relevant to more than the initial Party Wall Notice.
What if you email without consent?
You may create uncertainty about valid service.
The fact that the neighbour actually read the email does not mean practitioners should casually ignore the statutory service provisions.
If service matters, do it properly.
Email plus post
In practice, some owners send an electronic copy for convenience while also using another valid statutory service method.
That can improve communication while avoiding unnecessary argument about whether email consent existed.
Why email is useful
Properly agreed electronic service can make the Party Wall process:
- faster;
- easier to document;
- easier for overseas owners;
- more efficient for Awards and correspondence; and
- less dependent on physical delivery.
Existing Simple Survey guidance
For the wider service regime, read our Section 15 Party Wall Guide.
The key point
You can serve Party Wall documents electronically, but knowing an email address is not enough. Obtain and retain the recipient’s agreement to electronic service.
Simple Survey can help
We can manage notices and service on your behalf and ensure that electronic service is used only where the statutory requirements are properly satisfied.