It’s a common (and stressful) moment: you’ve properly posted or delivered your Party Wall Notice, the clock is ticking, and your neighbour says, “We never got it—send it again.” So… must you re-serve? The answer depends on how you served the notice, what evidence you hold, and what outcome you want (speed vs. strict legal position).
Below is a practical, plain-English guide to help you decide your next step.
1) First, was your original service valid?
Under the Party Wall etc. Act 1996, a notice is validly served if you used one of the methods allowed by the Act (s.15), for example:
- Personal delivery to the neighbour (or their company’s secretary/clerk if a corporate owner).
- Post to their usual or last known UK residence or place of business.
- Addressed to “The Owner” of the neighbouring premises and delivered to the premises, or, if nobody can be found there, fixed to a conspicuous part of the building.
- Email only if the recipient previously agreed in writing to receive notices electronically and gave you the address.
If your method matches one of the above and you can prove service (recorded delivery proof, certificate of posting, delivery photo, witness statement, time-stamped email with prior consent, or a site photo of the notice fixed to the door), you’ve likely satisfied the Act—even if your neighbour says they never saw it.
Tip: Proof of posting is often enough, personal service with a signed acknowledgment is best.
2) Will re-serving help—or hurt—your programme?
Even when your original service looks sound, it may still be pragmatic to re-serve—particularly if goodwill matters or you want to avoid arguments later. But re-serving has consequences:
- The statutory clock restarts.
- Section 2 (work to party structures): 2-month notice
- Section 1 and 6 (line of junction & adjacent excavation): 1-month notice
- Any 14-day response windows and possible 10-day requests to appoint (if it goes to dispute) also restart.
- Your project start date may slip—which could affect contractor availability and costs.
If time is critical and your original service is well-evidenced, you might stand on your position. If relationships are delicate or your evidence is weak, a without-prejudice re-service can defuse tension and keep things cooperative.
3) Common pitfalls that lead to “we didn’t get it” claims
- Wrong addressee: You served only the occupier but not the legal owners (e.g., freeholder and long leaseholder).
- Out-of-date address: You posted to an address the owner no longer uses.
- Email with no prior consent: Electronic service without written agreement is risky.
- No backup evidence: Ordinary post with no proof, and no contemporaneous note, makes life harder.
- Missing detail: Vague notices can be challenged even if they were received; Section 6 notices must include plans/sections showing depth and location.
If any of these ring true, re-serve correctly now—don’t let a technical flaw jeopardise your start.
4) A practical, de-risked way to proceed
- Audit the paper trail
Gather proofs: Land Registry title(s), Companies House check (if corporate owner), posting receipts, delivery screenshots, photos of the notice affixed to the premises, any email consent. - Check you served all “Adjoining Owners”
That can include freeholders and long leaseholders—sometimes multiple parties. Miss one and the notice is vulnerable. - Decide your strategy
- Strong evidence + tight programme? Confirm validity in writing and proceed within the Act’s timelines.
- Weak evidence or you want to keep the peace? Re-serve and note the new timetable.
- If re-serving, do it belt-and-braces
Serve by two methods (e.g., first-class post and fixing a copy to the premises addressed to “The Owner”) and retain proof. Where there’s email consent, serve by email as well. - Reset your tracker
Diarise the response deadline (14 days) and any 10-day follow-up if dissent occurs and a surveyor must be appointed.
5) What if my neighbour still disputes service?
Keep calm and keep it procedural:
- Write (politely) confirming how and when service was effected and attach your evidence.
- Offer a courtesy copy “to avoid delay and without prejudice to the original service date.”
- If they continue to deny service but you have solid proof, you can proceed within the Act, and, if necessary, your surveyor can reference the service evidence in the Award.
Remember: the Act is there to facilitate works while protecting both sides—not to provide a veto because post was “mislaid.”
6) When to bring in a professional
- You’re unsure if you reached all the right Adjoining Owners.
- It’s a Section 6 excavation and drawings/sections may be incomplete.
- Timings are tight and you can’t afford a misstep.
- The neighbour is already threatening an injunction.
A short professional intervention can save weeks of drift—and far more in contractor costs.
Transparent, low-cost help from Simple Survey
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted)
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee (depends on complexity and number of notices/owners)
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 on our side (we work to keep your neighbour’s surveyor’s hourly fees reasonable and contained)
We’ll review your service, advise whether you must re-serve or whether your original notice stands, and—if helpful—re-issue correctly the same day with watertight proof.
Need a quick answer on your notice?
Email team@simplesurvey.co.uk with your draft notice, the way you served it, and any proof you hold. We’ll give you a clear plan—stand firm, or re-serve fast—so your project stays on track.
This article is general guidance, not legal advice. If proceedings are threatened, consider taking independent legal advice alongside party wall advice.