Serving your own notices under the Party Wall Act.
Posted on 21st February 2017 at 13:58
Can a building owner save money by serving their own notices?
The simple answer is yes. However, approximately 80% of the notices that I see that have been served by the building owner, are invalid in different ways.
Sometimes it is the basics, such as the incorrect names and addresses, no doubt due to bypassing a Land Registry search to find out who legally owns the property and their correct details and then failing to continue the search past the freeholders and searching for the details of the leaseholders too.
Quite often a building owner will scour on-line and find a Party Structure Notice (section 3) and use that because they want to build on the line of junction or something similarly unrelated.
I see section 6 notices having been served with no section through the foundation and just some general planning drawings. Such drawings must be provided with a section 6 excavation notice.
Sometimes, notice has been served incorrectly on owners who are not adjoining owners under the Act. They may have incurred costs at this point by appointing a surveyor.
The first job of any party wall surveyor appointed under the Act is to check the notices. If these are invalid for any reason, the surveyor will probably end up drafting and serving correct notices.
So yes, you can serve your own notices but have in mind that far from saving money it might end up costing you more if these are not done correctly.
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