Neighbour Text Message Consent: Is a Text Legally Binding Under the Party Wall Act?
It is uncertain. The Act expects notices and consents to be in writing, and whether a text message counts is not clearly settled. Do not rely on one. Get a signed or clearly worded written consent and keep proof.
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- Save the text message, with the date and the sender's number.
- Ask the neighbour to confirm the same words by letter or email.
- Check that the notice was validly served before you rely on any reply.
- Ask them to sign and date a copy of the notice or a consent form.
- Keep everything together in one folder.
- Take advice from a party wall surveyor before starting work.
Why a text is risky
Notices must be in writing and served properly. Consent must also be in writing. A text is written, but the Act was drafted well before messaging apps, and how far it applies to them is not clearly settled.
There are also practical worries. Was the message from the owner? Did it clearly refer to the notice? Did it say they consent, or only that they have no objection?
Consent is not always available
An adjoining owner can consent to a notice, but not where the process needs a surveyor's involvement, for instance after a counter-notice. Consent also only covers the work described.
A neighbour who says they are fine with it in a chat has not necessarily consented to the specific work in the notice.
Better ways to record agreement
Ask the neighbour to sign the acknowledgement or consent section of the notice. If they prefer email, ask them to state clearly that they consent to the notice dated on a given day, and describe the work.
Even with consent, they keep the right to dissent instead, and you should not take pressure from a friendly text as a licence to begin.
If the text is all you have
Keep it and treat it as evidence, but do not treat it as safe. If a dispute arises, a surveyor or court would decide how much weight it carries. Regularise things with a proper notice or written consent as soon as you can.
Frequently asked questions
Is a text legally binding?
Uncertain. Do not rely on it. Get written confirmation.
Is an email better than a text?
Generally it is a stronger record, but a signed consent is safest.
What if my neighbour later denies sending it?
That is the risk. A signed document avoids this.
Can I serve the notice by text?
Notices must be served as the Act allows. Do not use text alone.
Related guides
- Party Wall Notice Consent vs Acknowledgement: What's the Difference?
- What Happens if a Neighbour Signs a Party Wall Notice But Then Objects?
- Party Wall Notices, Awards, and Agreements Explained
- What Happens if a Neighbour Ignores a Party Wall Notice?
Last updated: . This page is general information about the Party Wall etc. Act 1996 (England and Wales). It is not legal advice. Every property and dispute is different, so take advice from a party wall surveyor or a solicitor before you act.