Party wall notice mistakes that cause delays

Most party wall delays start with the notice. These are the errors that come up again and again, all of them avoidable.

1. Serving the tenant instead of the owner

The person living next door is not always the owner. Check the Land Registry title before you serve.

2. Missing a joint owner or a leaseholder

Every owner must receive notice. A flat conversion next door can mean three or four separate owners.

3. Choosing the wrong notice

A loft conversion that only gets an excavation notice, or an extension that needs a line of junction notice as well as an excavation notice but only gets one, leaves part of the work uncovered. See which notice do I need?

4. A start date that is too early

The start date must allow the full notice period. Two months for shared-wall work means two calendar months from service, not from when you posted it.

5. Vague descriptions

"Building works" tells the neighbour nothing. A clear description reduces worry and makes consent more likely.

6. No drawings with an excavation notice

Excavation notices need plans and sections. Without them the notice is open to challenge.

7. Serving too late

Serving a fortnight before the builder arrives guarantees a delay. Serve as soon as the design is settled.

8. Starting work before the process is complete

If the neighbour has dissented, start only once the award is agreed. Starting early can lead to a court injunction stopping the job, and it leaves you exposed if something goes wrong.

The simplest way to avoid all of these

Talk to the neighbour before the notice arrives, use a clear covering letter, and have the notice checked before you serve it. An hour spent checking saves weeks later.

Where this comes from in the Act

Links go to the official text of the Party Wall etc. Act 1996 on legislation.gov.uk.

Planning work next to a neighbour?

Ivan Larkin can confirm which notices your project needs, prepare and serve them, and deal with your neighbour's surveyor. Fixed fees, agreed in writing first.

Call 07477 207993Send an enquiry