If you’re a building owner, serving a Party Wall Notice can feel like just ticking a box. But here’s the reality: an invalid Party Wall Notice is as good as not serving one at all – and that can seriously delay your project.
So, what makes a notice invalid?
First, wrong, or missing owners. The Notice must be addressed to the legal owners, not just the person you chat to over the fence. If you serve it on a tenant or miss a co-owner, the notice is defective.
Second, missing information. A valid notice must clearly state: The building owner’s details, The adjoining owner’s details, The property addresses, A clear description of the works, The relevant section of the Act, being Section 1, 2 or 6, and The proposed work start date.
If it’s a Section 6 excavation notice, it must also be accompanied by plans and sections. No drawings means an invalid notice.
Third, the timings. Section 1 and 6 notices must give at least 1 month’s notice; whereas, Section 2 must give 2 months. If your stated work start date is too early, the notice is invalid – simple as that. Back-dating notices to “make the dates work” is also a big no no and results in invalidity.
Fourth, incorrect service. Notices must be served in one of the ways allowed under the Act. These are by post to the last known address. By hand. Fixing it to the property, and yes we do mean with tape, and finally via email. However, only if the adjoining owner has confirmed they’re agreeable to email service. If you go off-piste, a casual WhatsApp message or an email with no prior agreement, you’re on shaky ground and the validity is likely to be questioned.
When a notice is invalid, the statutory clock never starts. That can mean re-serving, re-setting timings, and potentially paying additional surveyor costs.
So what’s the moral of the story? Treat the Notice as a formal legal document, not a casual letter.
While building owners are entitled to serve their own party wall notices, our advice is they are best left to party wall surveyors to serve.
If you need party wall help, give us a shout today.