The serving of Protection Works Notices (PWN) is a complex process that, if not completed properly, can have a significant impact on the building permit process.
 
A recent example of the delays that can be caused occurred on a project that was delayed for several months over one small oversight.  In this case, the adjoining owner appealed the decision of the RBS to issue a Form 9 in relation to retaining walls located on the boundary. At the appeal, the Building Appeals Board ruled that the protection works notices were not served legally as the builder neglected to date the Form 7 that was served on the adjoining owner.  This one, very small oversight resulted in the need for the builder to start the process again from the very beginning and re-issue the PWN’s.
 
Our advice is simple; double check every PWN prior to it being served to ensure that all documentation is correct.
 
The method of sending/serving the PWN to an adjoining owner is defined in Section 236 of the Building Act 1993:
 
Service of Documents – generally
(1)   Any document to be served on or given to a person under this Act or the regulations may be served on or given to the person by-
(a)   Delivering the document to the person; or
(b)   Leaving the document at the person’s usual or last known place of residence or business with a person apparently not less than 16 years of age and apparently residing or employed at that place; or
(c)   Sending the document by post addressed to the person at the person’s usual or last known place of residence or business or in any other prescribed manner
 
Under these provisions, all that is required is for documents to be served by regular post.  In the current climate with delays on postage, this does not provide a reliable delivery time.  It is our recommendation that PWN’s are served via express post without the need for a signature on receipt.  The reasoning behind this is as follows:
·         Should the adjoining owner choose not to pick up the document and sign for it, legally this document has not been served.
·         The express post system provides a delivery date.  This date becomes the date the document is served, regardless of if the adjoining owner retrieves it from their letterbox or not.
·         It provides certainty on delivery dates should the fourteen-day time period be contested.
 
As always, if you would like clarification on the above, please feel free to contact our Tech Team.