The short answer
Service dates drive everything — response periods, deemed disputes and appointment steps all depend on when a notice is treated as served. Deemed service means the law treats a notice as served at a particular time, so build in time and never serve at the last moment.
Why it matters
The Act allows service by post; with first-class post, service is commonly calculated by reference to ordinary delivery, and many surveyors allow two business days before treating the notice as served. Deemed service helps both owners calculate deadlines and reduces arguments about timing, but errors in dates can invalidate later steps or create avoidable disputes.
What to do now
- Do not serve at the last possible moment; allow time for postal service.
- Obtain and keep a certificate of posting (recorded delivery can backfire if the recipient does not sign).
- Once the deemed service date is fixed, diarise the 14-day response period, any deemed dispute date, the date for a 10-day section 10(4) request, and the earliest lawful start date.
- Use email only where the recipient has agreed, and keep evidence of that agreement.
Common mistakes
- Serving right on a deadline with no margin.
- Relying on recorded delivery that the recipient refuses or fails to sign for.
- Miscalculating deadlines from the wrong service date.
When to call Coburns
If timing is tight or you are unsure when a notice was served, send us the details and we will work out the deemed service date and deadlines.