One of the strengths of the Party Wall etc. Act 1996 is its flexibility – a building owner can serve their own Party Wall Notice. It’s a great way to stay hands‑on, keep initial costs down and move things forward quickly.
But there’s a catch.
Because the Notice is a legal document, any defect in its content, timing or service can make it invalid. And an invalid Notice is often a fast track to:
- Delays to your start date
- Extra professional fees
- Re‑serving the Notice (usually via a Party Wall Surveyor)
- In the worst cases, legal challenge
At Simple Survey, we see DIY notices go wrong far more often than they go perfectly right. So below are our top three practical tips to avoid Party Wall Notice invalidity.
1) Serve on the Right Legal Owners
Most building owners know their neighbours on a first‑name basis – but the Act isn’t interested in first names, it’s interested in legal ownership.
Common pitfalls include:
- Serving the Notice on “Mr & Mrs Smith” next door, when:
- The property is actually held in a company name, or
- It’s owned by a landlord, and your friendly neighbour is just the tenant, or
- There are multiple joint owners (e.g. siblings or partners)
If you miss a legal owner, that owner has not been notified at all. Their rights under the Act haven’t been triggered, and your Notice may be regarded as invalid.
How surveyors avoid this
All good Party Wall Surveyors will:
- Carry out a Land Registry title check for each adjoining property
- Identify the correct names of the freeholder(s) and, where relevant, long leaseholders
- Address the Notice accurately to the “Owner(s)” as shown on the title
This simple step drastically reduces the risk of invalidity and future challenges.
Can owners do this themselves?
Yes. Building owners can also purchase Land Registry title documents (currently a small fee per title) and use that information when preparing their own Notices.
But if you’re going to this level of effort and still risk drafting errors elsewhere, it’s often more efficient – and safer – to ask a surveyor to handle the entire Notice process for you.
2) Include Drawings (Especially for Section 6 Excavations)
Not every Party Wall Notice is legally required to enclose drawings. But Section 6 Notices (adjacent excavations) are different – and this is where DIY notices commonly fail.
What the Act requires
For excavation works within 3 or 6 metres of a neighbour’s structure, a valid Section 6 Notice must be accompanied by plans and sections showing:
- The location and depth of the proposed excavation
- The location of the proposed building or structure, if applicable
If these drawings are missing, the Notice is defective. The clock has not lawfully started, even if you’ve put a date on it and posted it in good faith.
Why you should include drawings with all notices
Even where drawings aren’t strictly required (e.g. some Section 1 or Section 2 notices), we strongly recommend attaching them anyway, because:
- They make the works visually clear to the adjoining owner
- They reduce anxiety and guesswork
- Clearly presented information tends to produce more measured responses
In short: drawings are not just about legal compliance – they are also a powerful neighbour‑management tool.
3) Get the Timings Right
Party Wall Notices are governed by statutory minimum notice periods. If your proposed start date is too soon, or not stated properly, the Notice is at risk of being invalid.
Key minimum notice periods
- Section 1 (new walls at or astride the boundary)
- Must be served at least 1 month before the works commence
- Section 6 (adjacent excavation within 3m or 6m)
- Must be served at least 1 month before excavation/works commence
- Section 2 (works directly to a party wall / party structure / party fence wall)
- Must be served at least 2 months before the works commence
You must also state the intended start date clearly enough that it can be understood to comply with these minimum periods.
If the start date you’ve specified is too early (or ambiguous), the Notice is not compliant. For all practical purposes, the statutory clock has not started.
Don’t forget service time
If you are serving Notices by post, you also need to allow for postal delivery time. In practice, surveyors typically allow an extra two days for service when calculating response deadlines and minimum periods.
The Real‑World Cost of Invalid Notices
DIY Notices often seem attractive as a quick “cheap win”. The hidden costs arise when:
- A surveyor acting for the adjoining owner spots defects in the Notice
- The Notice has to be re‑served correctly
- The statutory 1‑ or 2‑month period must restart from scratch
- The programme slips, contractors have to be re‑booked, and everything becomes more stressful than it needs to be
In the worst cases, owners press on regardless and leave themselves open to:
- Injunctions
- Legal challenge
- Allegations that the Party Wall Award is invalid because the underlying Notice wasn’t valid
For the sake of a modest professional fee, the risk is usually not worth it.
Our Recommendation – Let a Surveyor Take the Strain
While the Act does allow DIY notices, in reality:
- The Notice is a legal instrument, not just a courtesy letter
- Invalidity brings real risk in terms of time, cost and legal exposure
- Notices are relatively low cost compared to the overall project budget
We generally advise building owners to pass the Notice drafting and service over to a party wall surveyor. Let the specialist deal with:
- Ownership checks
- Correct statutory wording
- Drawings and timings
- Proper methods of service
You focus on your build; we’ll focus on the legal framework around it.
Simple Survey – Fixed Nationwide Cost Chart
| Service | What’s Included | Fixed Fee (incl. VAT) |
|---|---|---|
| Party Wall Notice (per Adjoining Owner) | Compliance check, drafting, service & response tracking | £25 |
| Agreed Surveyor Award | Single impartial surveyor acting for both owners | £300 |
| Building Owner’s Surveyor Award | Acting for Building Owner in a two‑surveyor route | £300 |
Fees are a guide for typical residential projects. More complex schemes (e.g. basements or extensive structural works) may require a tailored proposal.
Need Help Avoiding Notice Invalidity?
If you’re unsure whether your planned Notice is valid – or you just want it done properly from day one – we’d be happy to help.
- Email us your plans and a brief description of the works
- We’ll confirm which Notices are needed,
- Then draft and serve them correctly, nationwide, at a fixed cost
📧 team@simplesurvey.co.uk
Simple Survey – Experienced, RICS qualified, and focused on making Party Wall simple.
FAQ – Party Wall Notice Invalidity
Q1: If my DIY Notice is invalid, can I just “fix it” later in the Award?
No. The Notice stage and Award stage are separate. If the Notice was invalid, the statutory process hasn’t properly started, and any Award could be vulnerable to challenge. The correct approach is usually to re‑serve a valid Notice and restart the clock.
Q2: My neighbour didn’t complain about the Notice – does that mean it’s automatically valid?
Not necessarily. A Notice can be technically invalid even if nobody objects at the time. Problems may only surface later, for example if a dispute arises or legal advice is taken. That’s why it’s best to get Notices right from the outset.
Q3: Do I really need drawings for a simple small extension?
If your works fall under Section 6 (adjacent excavation) – for example, foundations within 3m and deeper than the neighbour’s footings – then yes, drawings are legally required with the Notice. Even when not strictly required, drawings are almost always helpful and are strongly recommended.
Q4: Can I serve a new valid Notice after works have already started?
Once notifiable works have begun without a valid Notice, you cannot retrospectively “fix” that under the Act. You may still be exposed under common law (nuisance, negligence). If you think you’re in this situation, you should seek early professional and legal advice.
Q5: Is using a surveyor to serve Notices mandatory?
No – but it is usually sensible and cost‑effective. For £25 per adjoining owner, you can have a specialist ensure correctness on ownership, wording, timing and drawings, and act as a professional point of contact for your neighbour. It’s a small outlay in the context of most building projects.
If you’re in any doubt about whether your Notice is valid – or whether you need one at all – just get in touch at team@simplesurvey.co.uk and we’ll talk you through your options in clear, practical terms.