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Understanding deemed service of party wall notices sent by first-class post

Service dates matter in party wall work. Response periods, deemed disputes and appointment steps all depend on when a notice is treated as served.

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.

Takeaway

Deemed service is about certainty. Serve early, keep proof and calculate dates conservatively. It is far cheaper to allow an extra day than to argue later about whether a notice was validly served.

Disclaimer. This article is for general information only and is not legal or professional advice. It is not tailored to any specific property, project or dispute, and the law and its application can change. Always seek advice from a suitably qualified professional before taking action. Coburns Party Wall accepts no liability for action taken in reliance on this article.

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