Overview
Service dates matter in party wall work. Response periods, deemed disputes and appointment steps all depend on when a notice is treated as served.
That is why notices sent by post should be handled carefully.
What does deemed service mean?
Deemed service means the law treats a notice as served at a particular time, even if there is later disagreement about when it was actually opened or read.
This helps both owners calculate deadlines and reduces arguments about timing.
First-class post
The Party Wall etc. Act 1996 allows service by post. Where first-class post is used, service is commonly calculated by reference to ordinary postal delivery. In practice, many surveyors allow two business days before treating the notice as served.
The safer approach is simple: build in time. Do not serve at the last possible moment.
Keep proof of postage
If serving by post, obtain and keep a certificate of posting. Recorded delivery can be useful, but it can also create problems if the recipient refuses or fails to sign for the letter.
A certificate of posting is often a clean and practical record that the notice was sent.
Diarise deadlines carefully
Once the deemed service date is identified, diarise: - the 14-day response period for relevant notices; - any deemed dispute date; - the date for a 10-day section 10(4) request; - the earliest lawful start date, if applicable.
Errors in dates can invalidate later steps or create avoidable disputes.
Email service
Email can be convenient, but only use it where the recipient has agreed to receive documents that way. Keep written evidence of that agreement.