You’ve Got Mail! While Party Wall Notices have always conventionally been served by post, as of 2016 the Party Wall etc Act 1996 finally recognised that electronic mail in today’s business environment is just as prevalent and normal. It therefore made its first amendment to the Act, since its introduction in 1996.
The Electronic Communications Order 2016, means Party Wall Notice can now be served via email (electronic communication) so long as the recipient of the communication has confirmed the following points.
Firstly, there is a willingness to receive the Party Wall Notice, or document by means of an electronic communication. Secondly, that willingness must not been withdrawn at any time of the exchange. And thirdly, the Party Wall Notice or document being sent, is sent to the email address specified by the recipient.
This means that Party Wall Notice can be served electronically should the owner or surveyor choose to do so and the adjoining owner has confirmed they are happy to receive Notice in that medium.
Interestingly, the amendment remains mute on the timings of the adjoining owner’s statutory Notice response. Which means that safe assumption, or interpretation of the amendment is that the 14 day response period and a further 2 days for postage still apply to the email.
In practice, this means that serving a Party Wall Notice via email isn’t any quicker than post. I would therefore recommend serving Notices by both post and email as that will ensure that the sender is doing all they can to ensure that the recipient is most likely to receive the Notice.
Party Wall Notices come in all shapes and forms, if you are planning on serving a Party Wall Notice upon your neighbour. We would recommend speaking to an experienced Party Wall Surveyor now.
Here at Berry Lodge we provide 30 minutes of free advice to any caller and also provide free Party Wall Notices that you can fill out and serve upon your neighbour at your convenience.