Blogs
The Pitfalls of Serving Your Own Party Wall Notice
Thursday 21st November 2024
Carl O'Boyle BSc MRICS FCIOB MFPWS
Serving your own Party Wall Notice might seem like a cost-effective option, especially with the availability of free templates online.
However, this approach often leads to complications and delays that can set your project back by months. Without professional experience in Party Wall matters, it’s alarmingly easy to make errors that invalidate the process, resulting in additional stress and expense.
Common Mistakes When Serving Your Own Party Wall Notice
Here are some of the most frequent errors made by Building Owners attempting to serve their own Party Wall Notices:
1. Incorrect Names on the Notice:
Failing to include the full and accurate legal names of the property owners can invalidate the notice.
2. Wrong Works Notified:
Listing works that don’t match the project or omitting key details can cause confusion and disputes.
3. Incomplete Drawings or Missing Information:
Notices must include sufficient detail about the proposed works, supported by accurate and clear drawings.
4. Failure to Follow Proper Procedures:
The Party Wall etc. Act 1996 has strict protocols for serving notices, including how they must be delivered to the Adjoining Owner.
5. Using the Wrong Correspondence Address:
Providing an incorrect or incomplete address can lead to miscommunication and potential invalidation of the notice.
6. Incorrect or Missing Dates:
Failing to date the notice correctly—or not dating it at all—can invalidate the notice and create confusion around response deadlines.
Consequences of Mistakes
These errors, while common, can have serious implications:
• Invalid Notices:
If your Party Wall Notice is invalid, the entire process must start again from scratch, delaying your project by weeks or even months.
• Serious Legal Ramifications:
Acting on an invalid notice can lead to disputes, legal challenges, or even financial liabilities, particularly if the issue is discovered during the sale of your property.
• Damaged Neighbour Relations:
Adjoining Owners often recognise when a Party Wall Notice hasn’t been professionally prepared. This can lead to mistrust, as they may perceive the Building Owner as attempting to cut corners. This sets a negative tone for future interactions during the construction process.
How Professional Assistance Can Help
By enlisting the services of a qualified Party Wall Surveyor, you can avoid these pitfalls entirely. A professional ensures that:
• The notice is correctly prepared with all legal details, descriptions, and drawings in place.
• Proper protocols for serving notices are followed, leaving no room for dispute.
• You build and maintain a positive relationship with your Adjoining Owners, fostering goodwill for the duration of the project.
Comprehensive Services from Tayross Associates
At Tayross Associates, we simplify the Party Wall process and eliminate the risk of costly mistakes. Our services include:
1. Fixed-Price Party Wall Notice Service:
We handle the preparation and serving of notices, ensuring every detail complies with the Party Wall etc. Act 1996.
2. Site Visits and Schedules of Condition:
We conduct thorough inspections and document the condition of the Adjoining Owner’s property to protect both parties.
3. Award Agreement and Final Inspections:
Whether it’s agreeing an Award with another Surveyor or issuing an agreed Award, we ensure the process is fair, clear, and smooth. We also carry out final inspections post-works to confirm compliance and resolve any remaining concerns.
Final Thoughts
While it may be tempting to serve your own Party Wall Notice, the potential for mistakes and their consequences far outweighs any short-term savings. A professional Party Wall Surveyor brings peace of mind, avoids unnecessary delays, and ensures legal compliance from the outset.
If you’re planning works that fall under the Party Wall etc. Act 1996 don’t leave anything to chance. Contact Tayross Associates today for expert advice and a fixed-price service that ensures your project gets off to the right start.
