One of the most common questions homeowners ask us when planning a building project is: “Can I serve a party wall notice myself?” The answer is yes—you certainly can. The Party Wall etc. Act 1996 (the Act) allows a homeowner, known as the “Building Owner,” to serve notice on their neighbour who might be affected by the work, this neighbour is called the “Adjoining Owner,” in the Act. And you do not necessarily need to involve a professional surveyor. However, there are pros and cons to doing so.
What Does the Party Wall etc. Act 1996 Say?
The Party Wall etc. Act 1996 provides a legal framework for resolving disputes related to party walls, boundary walls, and excavations near adjoining properties. It ensures that building work does not harm the neighbouring property or cause unnecessary inconvenience to the owners.
Under the Act, before carrying out certain types of work, such as:
Building on or at the boundary of two properties
Working on an existing party wall or structure shared with another property
Excavating near a neighbouring building or structure
You must serve relevant notices on the adjoining owner. This notice should include details of the proposed works and give the adjoining owner a chance to either consent or dissent to the notice. If they dissent, this will trigger the need for a party wall Award (sometimes known as a party wall agreement), which can involve other surveyors.
Can You Serve the Notice Yourself?
The Act does not require a professional surveyor to serve the party wall notice. You can draft and serve the notice as the Building Owner, provided that it complies with the legal requirements set out by the Act. A valid notice must include:
Your full name(s) and address (as the legal property owner(s)
Your neighbour’s full name(s) and address
A clear description of the proposed works
The date when you intend to begin the work (at least 1 or 2 months’ notice depending on the type of work)
Identify which clauses of the Act under which the work is proposed
Details of how the adjoining owner can respond
The Pros of Serving the Notice Yourself
Cost Savings: One of the main reasons homeowners opt to serve the notice(s) themselves is to save on professional fees. By handling it independently, you avoid initial costs which may be associated with appointing a surveyor. The Party Wall People believe in keeping costs as low as possible, but beware of surveyors who may offer budget services, deals or any ‘pay upfront’ offers, this generally isn’t how professionals offer their services.
Simplicity: If you believe the adjoining owner is likely to consent to the notice(s) and has expressed no concern, serving the notice yourself could be a straightforward process. If both parties agree, the matter can proceed without needing surveyors. Be wary of using generic templates from the internet, make sure the basic information is covered. If you aren’t sure – check!. The Party Wall People offer free advice over the phone.
Control: By serving the notice(s) yourself, you maintain control over the communication process and the timeline for sending and receiving the necessary paperwork.
The Cons of Serving the Notice Yourself
Risk of Errors: A party wall notice is a legal document, and making mistakes in serving the notice(s) could invalidate it. The consequences could include delays in your project or disputes arising later in the process. For example, if you miss a key detail or fail to serve the notice within the correct time frame, your work may be considered unlawful.
Potential for Disputes: If the adjoining owner does not consent, a dispute arises, and you will need to appoint a surveyor at that stage. It’s important to note that once a dispute is triggered, you cannot represent yourself as your own surveyor—you must appoint an impartial, qualified professional. This can end up costing more in the long run than appointing a surveyor from the outset.
Complexity: If the proposed works are complex, serving the notice without professional guidance could be challenging. A surveyor can ensure that the notice is served correctly and can help prevent future disputes by advising on your legal obligations and the best way to proceed.
Neighbour Relations: Involving a neutral party (such as a surveyor) from the start can help maintain a good relationship with your neighbour. If the neighbour feels uncomfortable with the notice, having an impartial professional may ease concerns and provide a smoother path to agreement.
Conclusion
While you can serve party wall notices yourself under the Party Wall etc. Act 1996, doing so comes with risks. If the works are straightforward and your relationship with your neighbour is positive, it might seem like the most cost-effective option. However, any errors or disputes could complicate matters, leading to delays or additional expenses.
For peace of mind and to ensure that the process is handled smoothly, many homeowners choose to appoint a professional party wall surveyor. A qualified surveyor will guide you through the process, ensuring compliance with the Act and helping to maintain good neighbourly relations throughout your project.
If you’re uncertain about the process or want to ensure everything is in order from the beginning, consulting with a party wall surveyor could be a wise investment.
Jason
The Party Wall People
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