Where the rule comes from
Electronic service was added to section 15 of the Act from 6 April 2016. A notice or other document can go by email or other electronic means if the recipient:
- has stated that they are willing to receive documents that way,
- has not withdrawn that statement, and
- gave the address it is sent to.
In practice
Few building owners have that statement from a neighbour before the first notice. The safe approach is to deliver the notice by hand or by post, and ask in the covering letter or reply form whether the neighbour would like later documents by email. Many say yes, which speeds up the rest of the process.
Keep a record
If you do serve electronically, keep the neighbour's written agreement and a copy of the email as sent, with the date and address. A neighbour can withdraw their agreement by giving notice, so check it still stands before relying on it.
For neighbours
You do not have to accept documents by email. If you are happy to, saying so in writing can make things quicker. Our reply form includes the option.
Common questions
My neighbour replied to my email. Does that count as agreement?
Not necessarily. Ask them to confirm in writing that they will accept documents about the work by email, and at which address.
Can surveyors serve awards by email?
The same rule applies to any document served under the Act, so the recipient's agreement is needed.
Where this comes from in the Act
Links go to the official text of the Party Wall etc. Act 1996 on legislation.gov.uk.