If you’re planning works that fall under the Party Wall etc. Act 1996, the very first legal step is service of a valid Party Wall Notice. Here’s the blunt truth: verbal notices don’t count. A quick chat over the fence is great neighbourliness, but it does not start any statutory clock, create rights, or protect you in law. Only a written notice—containing the right information and served by a permitted method—will do that.
This article sets out the differences, the risks of relying on verbal exchanges, and the practical steps to get your notices right the first time.
The legal position (short and clear)
- The Act requires notices to be in writing.
Section 1 (line of junction), Section 3 (party structure), and Section 6 (adjacent excavation) all refer to notices being served—i.e., in writing and delivered by a permitted method under Section 15. - How you can serve.
Post, personal service, or electronic service (email) where the recipient has confirmed they’re willing to receive documents electronically. Serving to “The Owner” and fixing to the premises is permitted in specific circumstances where an owner cannot be identified. - Verbal ≠ legal.
A neighbour’s friendly “yes” at the gate is not consent under the Act. Without a written notice and written response, you have not triggered the statutory process.
Why verbal notices are risky (and expensive)
- No statutory timelines
Without a written notice, the 14-day response window (followed by the 10-day request under s10(4) if there’s no reply) doesn’t start. Your project can drift or be stopped cold by an injunction. - No statutory rights
Rights of access, the ability to proceed after a deemed dissent, and the surveyor appointment pathway only exist when the Act is engaged via a valid written notice. - Higher injunction risk
If you start notifiable works without serving a written notice, your neighbour can seek an interim injunction. Even if you later regularise matters, you may face costs, delay, and reputational damage. - Cost exposure
When notices aren’t served correctly, disputes move away from the Act’s tribunal (surveyors) towards common law routes—typically costlier, slower, and riskier. - Conveyancing headaches
Missing or invalid notices create problems on sale. Buyers’ solicitors routinely ask for Party Wall paperwork; gaps can delay exchange or reduce your bargaining power. - Insurance and lender concerns
Some insurers/lenders expect compliance with statutory procedures. Non-compliance can complicate cover or mortgage approvals.
What a compliant written notice must do
- Identify the right owners (freeholder and any relevant long leaseholders—over 12 months).
- Describe the notifiable works clearly and tie them to the correct section(s) of the Act.
- Respect the minimum lead-in:
- Section 1 (new wall at/astride boundary) – 1 month
- Section 2 (works to party structures) – 2 months
- Section 6 (adjacent excavation) – 1 month, with plans/sections of the excavations and foundations
- State the intended start (after the statutory period unless waived).
- Serve by a permitted method and keep service evidence.
Good practice: include a plain-English cover note and an acknowledgment form so your neighbour can respond (consent/dissent) easily.
“But we agreed it verbally!” — Why that still isn’t enough
- Consent must be in writing to be effective under the Act.
- A text/WhatsApp “OK” is not valid unless the neighbour has expressly agreed in advance to receive statutory documents by that electronic method. Even then, email is safer and more widely accepted.
- If the neighbour later changes their mind or sells, your lack of formal paperwork leaves you exposed.
Practical workflow that keeps you safe
- Talk first, write second
Keep the relationship warm with a friendly chat and summary drawings. Then follow up with formal written notices. - Serve correctly
Use post (first class, keep proof of posting), personal service, or pre-agreed electronic service. For hard-to-trace owners, use “The Owner” and fix to the property as the Act allows. - Diary the dates
- Day 0: service
- Day 14: deemed dissent if no reply → issue 10-day request
- Day 24: if still silent, appoint a surveyor for the Adjoining Owner and continue the statutory route
- Keep it proportionate
Clear, accurate documents and a professional tone reduce friction and cost.
FAQs
Q: Can I just email the notice?
A: Yes, only if the recipient has confirmed they’re willing to receive notices electronically. Otherwise, serve by post or in person.
Q: We both said “OK” in person—can we skip paperwork?
A: No. Verbal consent doesn’t engage the Act. You still need a written notice and a written consent to rely on the statutory framework.
Q: Does a WhatsApp message count?
A: Only if the owner has expressly agreed to receive statutory documents by that channel. Email (with prior consent) is the safer electronic route.
Q: What if I’ve already started works without written notices?
A: Stop the notifiable elements and get compliant paperwork in place immediately. You may be exposed to injunctions and claims until you regularise.
Q: Do I need to notify leaseholders as well as the freeholder?
A: Yes, if they hold a lease of more than 12 months and their demise is affected.
Q: Can I rely on my architect’s or builder’s word that we “don’t need notices”?
A: You’re still responsible. If in doubt, get specialist Party Wall advice—cheap compared with the cost of an injunction or dispute.
Transparent, fixed pricing
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted).
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee, depending on complexity and number of notices/owners.
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side. (The Adjoining Owner’s surveyor often bills hourly; we work to keep those costs reasonable and contained.)
- Complex works (deep excavations, multi-owner blocks): we’ll still offer the fixed pricing as above!
- No surprises, no creeping extras. You’ll know the number before we start.
Bottom line
Verbal exchanges keep neighbours friendly. Written notices keep your project legal. If you want the Act’s protections—timelines, rights, and a clear path through disagreement—serve valid written notices and serve them properly.
Need compliant notices drafted and served today—and for less than you’d expect?
Email team@simplesurvey.co.uk for same-day notice preparation, clean service, and fixed-fee Party Wall support from start to finish.