Getting Party Wall Notices right first time matters. An invalid notice can stall your project, trigger costly re-service, and undermine neighbour confidence. Here are the most common pitfalls we see—and how to avoid them.
1) Serving on the tenant instead of the legal owner
The Act requires service on the adjoining owner(s)—that’s the freeholder and any leaseholder(s) with a lease exceeding one year. Serving only the occupier or an AST tenant is not valid service. Always check Land Registry, company records (if applicable), and any head/under-leases to capture all relevant owners. If in doubt, serve both freeholder and long leaseholders.
Fix: Verify title before service. If you later realise you’ve missed an owner, you must re-serve correctly (and reset the statutory clock).
2) Trying to “serve” the notice verbally
There’s no such thing as verbal service under the Act. A friendly chat is helpful, but not legally effective. Notices must be in writing and served using one of the permitted methods (e.g., post, by hand, affixing to the premises, or email only where the recipient has expressly agreed to electronic service).
Fix: Put it in writing and keep evidence of service (proof of posting, witness to hand delivery, dated photos of affixed notice, or written email consent).
3) Missing drawings on excavation notices
Section 6 notices must include plans and sections showing the location and depth of the excavation relative to the adjoining foundations. Without these, the notice is invalid—full stop.
Fix: Include scaled plans/sections with levels and distances. If final engineering is pending, provisional drawings are acceptable, provided they show the required detail.
4) Back-dating notices to “save time”
Back-dating is a fast way to invalidate the process and erode trust. Statutory lead-times (generally 1 month for Section 1/6; 2 months for Section 2) run from actual service, not the date printed on the paper.
Fix: Date notices accurately on the day they are served, record service method, and honour the statutory periods. If you’re tight on time, speak to neighbours early and explore written agreements to shorten periods only where the Act allows and with their written consent.
5) No confirmation about underpinning
For many schemes near/under party structures, the notice and method statement should confirm whether underpinning is intended. Silence invites disputes and can be grounds to question validity or sufficiency of particulars.
Fix: State clearly whether underpinning is proposed (or not). If proposed, include method, sequencing, and any temporary works at notice/award stage so the adjoining owner and surveyor can assess risk.
How to Bullet-Proof Your Notices
- Identify all adjoining owners (freehold + qualifying leaseholds).
- Serve in writing using a valid method and keep evidence.
- Attach Section 6 drawings (plans/sections with depths).
- Use correct lead-times; never back-date.
- Address underpinning and key construction particulars up front.
Simple, 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 for our side (we work to keep your neighbour’s surveyor’s hourly fees reasonable and contained)
Avoid invalidities, delays, and repeat costs. Send your drawings and site address to team@simplesurvey.co.uk. We’ll confirm what you need, draft valid notices, and get you moving—properly and fast.