Getting Party Wall Notices right the first time saves months of delay, neighbour friction and wasted fees. Here are the five most common mistakes that render notices invalid—plus the quick fixes to keep your project compliant and moving.
1) Missing drawings on Adjacent Excavation (Section 6) notices
The blunder: Serving a Section 6 notice without plans/sections showing the location and depth of the excavation relative to the adjoining foundations.
Why it’s invalid: Section 6 requires drawings with reasonable particulars. Without them, your notice is incomplete—and open to challenge.
How to fix: Include scaled plans and a cross-section with levels (proposed formation depth vs. neighbour’s foundation depth). If you don’t yet have final engineering, use provisional drawings that clearly show intended depths and zones of excavation.
2) Serving the notice on the wrong adjoining owner(s)
The blunder: Addressing only the freeholder, missing a joint owner, or omitting a long leaseholder (>1 year) who also qualifies as an “owner.”
Why it’s invalid: Each qualifying “adjoining owner” must be served. Miss one, and your process can be attacked—or must restart.
How to fix: Run Land Registry title checks for every affected boundary/structure. In flats, map who owns the relevant party structure (freeholder and long-leaseholders). For companies, verify the legal entity and registered address.
3) Not serving the notice properly
The blunder: Emailing without prior consent to electronic service; using recorded delivery that gets refused; no proof of postage; or relying on casual handover with no evidence.
Why it’s invalid: Section 15 sets out valid service methods. Deviations risk the notice being treated as not served.
How to fix (four valid routes):
- Post: First/second class with proof of posting (deemed served two business days later). Avoid “signed for” which can be refused at the door.
- By hand: Deliver to the owner or a person on the premises (keep a dated delivery log).
- Fixing to the premises: If no one is available, affix to a conspicuous part (e.g., door).
- Email: Only where the recipient has agreed in writing to electronic service (keep that consent on file).
4) Serving late—or backdating the notice
The blunder: Issuing notices too close to the intended start date, or (worse) backdating to appear compliant.
Why it’s invalid: The Act requires minimum lead times (typically one or two months, depending on the section). Backdating is easily disproved and destroys trust—often triggering disputes.
How to fix: Work backwards from your programme and serve early. If you’re already tight on time, explain this to neighbours, seek an Agreed Surveyor where suitable, and ask (politely) if they’re willing to shorten periods by written agreement where the Act allows.
5) Not serving a notice at all
The blunder: Assuming a verbal “no problem” means you’re covered.
Why it’s invalid: The Act is a statutory process. Without a valid notice, your neighbour can seek an injunction, and you’ll shoulder delays, legal costs, and contractor claims.
How to fix: Even if relations are excellent, serve a compliant notice. It protects both parties and creates a clear legal pathway—consent or dissent—so works can proceed lawfully.
How to keep your notices valid
- Use a specialist: A party wall surveyor will draft notices with the correct section, content, and service method—plus the right recipients.
- Evidence everything: Keep proofs of posting, service logs, email consents, and neighbour responses.
- Plan for Section 6: Don’t send excavation notices without drawings showing depth/location versus adjoining foundations.
Simple Survey: low-cost, compliant notices—done fast
Our straightforward pricing
- 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 for our side (we work to keep your neighbour’s surveyor’s hourly fees reasonable and contained)
We’ll:
- Check your drawings and confirm what’s notifiable.
- Identify all qualifying adjoining owners.
- Serve notices correctly under Section 15 with proper evidence.
- Keep your timeline on track and your risk low.
Ready to avoid invalid-notice headaches?
Email your plans and site address to team@simplesurvey.co.uk. We’ll confirm exactly what you need, serve compliant notices for £25 per ownership, and map your quickest, safest route to a valid Party Wall Award.