This blog is not an authoritative interpretation of the law; it is intended as a general guide.
This blog consists of two parts. In the first part, Icon Surveyors considered what a statutory notice under the Party Wall etc. Act 1996 is, and, what steps are needed to be taken by a building owner and/or an adjoining to affect the validity of a statutory notice.
In this part of this blog, Icon Surveyors will discuss the legal requirements for the valid service of a statutory Notice or other required or authorised document.
Service of a Notice or Authorised Document
Section 15 of the Party Wall etc. Act 1996, stipulates the way in which service of any statutory, required and/or authorised document has to be carried out. It should be noted that the methodology as stated below applies to any person who is either obligated and/or chooses to serve a notice under the Act.
A notice is considered to be legally served if it is;
- Delivered in person to either the named owner or “the owner”; or
- Sending it by post to the adjoining owners last known residence or place of business in the UK; or
- If it is a company by delivering it in person to the secretary or clerk of the company at its registered principle address, or, by sending it by way of post to the secretary or clerk at that office.
- Delivering the notice addressed to ‘the named owner’ or ‘the owner’ in person and leaving it with another person on the premises or, if no person can be found at the premises, affixing it to a conspicuous part of the premises. (Usually a door)
- Service upon an ‘owner’ may also be effected by way of electronic communications, however, the recipient must;
- a) Consent by way of a written statement to this method of delivery
- b) Must not withdraw their statement ( a statement of consent may be withdrawn at any time provided a withdrawal notice is given in writing to the person the initial consent was given to)
- c) Provide a specified electronic address for delivery of the document. (NB this could be by facsimile text and/or email)
It should be noted that for the purposes of responding to a Notice that the clock starts ticking upon the date of actual service.
a) Service in person is deemed to be effected on the same day if it is delivered before 16:30hrs otherwise it’s the following day.
b) Service by way of post is deemed to be effected on the second day after the document was posted. (1 business day- i.e. post on Monday means effective service will occur on Wednesday)
c) Service by way of electronic means is deemed to be effected on the same day if it is delivered before 16:30 hrs, otherwise the document will be deemed to have been validly served the following day.
Icon Surveyors are happy to provide a free consultation to any building or adjoining owners who may be affected by the subject matter raised in this blog.