Property Surveying Blog
Now that you have prepared the Party Wall Notice and included all of the necessary content, the next step is to ensure that it is correctly served.
The Party Wall Notice is a legal document therefore it will only be valid if it is correctly served.
The Party Wall etc Act 1996 along with case law confirms that the following methods of service are valid:
Serving a Party Wall Notice by post is the best and most commonly used method of service, if you decide to serve the Notice by post ensure that you get proof of postage from the post office.
Serving a Party Wall Notice by hand is an equally common method of service, however it is not always best suited, for example if you do not get along with your neighbour.
When serving a Party Wall Notice by hand you must ensure that you physically hand the Notice to the owner, in the case where the name of the adjoining owner is unknown, it must be handed to the occupant.
Fixing a Party Wall Notice to a conspicuous place of the property:
If you take the trouble of deciding to serve the Notice by hand and you find yourself in the unfortunate situation whereby the property is vacant or no one answers, the Party Wall etc Act 1996 still allows for a valid Notice to be served.
You can then fix the Notice to a conspicuous part of the property, this is generally agreed to be a door or window whereby the Notice can be clearly seen.
Providing one of the above procedures is followed, you will be correctly serving the Party Wall Notice in accordance with the Party Wall etc Act 1996.