Can a Party Wall Notice be served by email?
Short answer
Yes, if the statutory conditions for electronic service in section 15(1A) are satisfied.
Act: s15(1A)–(1C)
Case law: Knight v Goulandris [2018] EWCA Civ 237
Government guidance: identified separately where relevant
Industry practice: considered separately and not treated as law.
What the Act actually requires
Section 15 permits electronic service where the recipient has stated a willingness to receive the document electronically, that statement has not been withdrawn, and the document is transmitted to the electronic address specified by the recipient. The electronic-service provisions were introduced in 2016.
What the courts have said
Knight v Goulandris [2018] EWCA Civ 237 is relevant to electronic service. Where service controls an appeal deadline or another statutory step, the precise basis of service matters.
Read the authority → Party Wall Case Law Library
What Government guidance says
Government material reflects the electronic-service provisions and explains their practical use. The guidance does not replace the statutory conditions.
What is common practice?
Surveyors routinely communicate by email. Routine email correspondence is not, by itself, proof that the statutory requirements for electronic service have been satisfied.
What should you do now?
Keep the agreement to electronic service, the specified electronic address, the document served, the covering email, the date and time of transmission and any acknowledgement or delivery evidence.
Editorial test: Is it correct, necessary and supported in this particular case?
Related Party Wall Problems
Understand the law → Party Wall Knowledge Base
Read the authority → Party Wall Case Law Library
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This page is provided by Coburns Party Wall for general information and educational purposes only. It is not legal advice and is not a substitute for advice on the facts of a particular matter. Party wall matters are fact-sensitive and the application of the Party Wall etc. Act 1996 may depend on the works, notices, ownership, appointments, drawings, agreements, awards and surrounding circumstances. Case summaries and practical guidance simplify potentially complex legal issues and should not be relied upon instead of the legislation, relevant judgments or appropriate professional or legal advice. If court proceedings, an injunction, an appeal or another legal remedy may be required, obtain appropriate legal advice promptly. Coburns Party Wall accepts no responsibility for loss arising from reliance on this resource without appropriate consideration of the particular circumstances.