Identify the owners before using a template
A notice must go to the relevant adjoining owners, not simply whoever answers the door. The statutory definition can include freeholders and qualifying leaseholders, and a property may have more than one affected owner. Check the ownership arrangements where the neighbouring building contains flats or is held jointly. [3][1]
Do not copy a previous project's names or property description. The legal owners, the building address and the part of the project affecting them should be clear from the notice and its documents. Government guidance provides example notices, but the examples still need to fit the actual work. [1]
Choose the correct notice and information
A section 1 notice describes a new wall at the line of junction. A section 3 party structure notice identifies the building owner, the nature and particulars of the work and the intended start date; special foundations require additional particulars. [4][5]
A section 6 excavation notice must include the prescribed plans and sections and state whether adjoining foundations will be underpinned, strengthened or safeguarded. Do not assume the planning application drawings contain all the necessary depth and foundation information. [6]
Check the notice period against the route: the normal minimum is one month for section 1 and section 6, and two months for section 3. [4][5][6]
Serve it in a permitted way
Section 15 provides for personal delivery, post and particular arrangements for companies and service on an owner whose name is not used. Keep evidence showing which documents were served, on whom, how and when; that record helps establish the response and commencement dates. [7]
From 6 April 2016, the Act also permits electronic service, but only where the recipient has stated a willingness to receive documents electronically, has not withdrawn that statement, and has specified the electronic address. A neighbour's email appearing on an earlier message is not, on its own, evidence that all these requirements are satisfied. [7]
Manage the reply properly
A friendly conversation is not the same as the written consent needed under the relevant notice procedure. For party structure and excavation notices, lack of written consent within 14 days results in a deemed dispute. The line-of-junction route has different consequences and must be considered separately. [8][6][4]
Where a dispute requires an award, you cannot appoint yourself as the statutory surveyor: the definition excludes a party to the matter. You may nevertheless provide drawings and instructions to the properly appointed surveyor. [3][2]
Self-service is most manageable where the ownership, work and notice route are clear. With unusual foundations, multiple leasehold interests or an uncertain boundary, obtain the relevant advice before serving documents rather than trying to cure an unsuitable template after the intended start date. [1]