Richard Hourican |
Has your neighbour failed to respond to a Party Wall Notice? Silence does not normally mean consent, and it does not automatically allow the notifiable building work to begin.
For work to an existing party structure or excavation close to neighbouring foundations, a failure to respond within the relevant 14-day period will generally mean that a dispute is deemed to have arisen under the Party Wall etc. Act 1996. Surveyors must then be appointed and, where required, a Party Wall Award agreed before the affected work proceeds.
If the Adjoining Owner continues to ignore the process, Section 10(4) of the Act provides a route through which a surveyor may eventually be appointed on their behalf. This prevents a lawful project from being blocked indefinitely, but the procedure must be followed accurately.
Quick Answer: What Happens When There Is No Response?
The next step depends on the type of notice served.
- Party Structure Notice: no written response within 14 days will generally mean that a dispute is deemed to have arisen.
- Section 6 excavation notice: no written response within 14 days will generally produce the same deemed-dispute position.
- Section 1 line-of-junction notice: the result depends on whether the wall is proposed astride the boundary or wholly on the Building Owner's land.
A deemed dispute is a statutory procedural term. It does not necessarily mean that the neighbours have argued or that the Adjoining Owner actively objects. It simply means written consent has not been obtained and the formal surveyor process must now be used.
Hourican Associates can review the original document through our Party Wall Notice service before the next procedural step is taken.
Silence Is Not Party Wall Consent
One of the most damaging Party Wall assumptions is that a neighbour who ignores a notice has agreed to the proposed works.
Consent should be provided clearly and in writing. A telephone conversation, an informal comment over the garden fence or the absence of an objection should not be treated as a formal response to the notice.
Where the Act treats non-response as a dispute, the Building Owner cannot simply record “no objection received” and proceed. The surveyor appointment and Award procedure must be addressed first.
Adjoining Owners who have received documents can read our separate guide explaining how to respond to a Party Wall Notice .
The Effect of Silence Depends on the Notice Type
| Notice or proposed work | Typical response period | Effect of no written response | Likely next step |
|---|---|---|---|
| Party Structure Notice for work to an existing party wall or structure | 14 days | A dispute is generally deemed to have arisen. | Appoint an Agreed Surveyor or separate surveyors and prepare an Award. |
| Section 6 notice for excavation within 3 or 6 metres | 14 days | A dispute is generally deemed to have arisen. | Surveyors review the excavation details, risks, safeguards and Award requirements. |
| Section 1 proposal to build a new wall astride the boundary | 14 days for written consent | There is no consent to build the wall astride the boundary. | Revise the wall so it is wholly on the Building Owner's land or reach written agreement. |
| Section 1 proposal to build wholly on the Building Owner's land at the boundary | One-month statutory notice period | Silence does not normally prevent construction wholly on the Building Owner's land. | Proceed only after checking the notice, boundary position and other legal requirements. |
The distinction is important. A procedure that is appropriate for a loft conversion or rear-extension excavation may not be the correct route for a new boundary wall.
The Party Wall Non-Response Timeline
| Stage | Indicative timing | What happens? |
|---|---|---|
| Notice served | Day 0 | A valid Party Wall Notice is served on every qualifying Adjoining Owner. |
| Initial response period | First 14 days | The Adjoining Owner may consent, dissent and choose an Agreed Surveyor, or appoint their own surveyor. |
| Deemed dispute | After the response period | For relevant Party Structure and excavation notices, non-response generally means a dispute is deemed to have arisen. |
| Request to appoint a surveyor | After the dispute arises | The non-responsive owner is formally requested to appoint a surveyor. The request should be clear, correctly served and allow the statutory ten-day period. |
| Appointment on the owner's behalf | After ten days without appointment | A separate surveyor may be appointed on behalf of the non-responsive owner under Section 10(4). |
| Survey and Award process | Project-specific | The appointed surveyors review the notices, drawings, structural information, property condition, safeguards and proposed Award. |
| Relevant work begins | After the process is complete | Work proceeds after the Award has been served and the applicable notice period has expired or been validly waived. |
This should not be treated as an automatic “Day 25 permission to build” calculation. Surveyor appointments, access, technical information, a Schedule of Condition and the Party Wall Award can require additional time.
What Is a Section 10(4) Ten-Day Notice?
The phrase “ten-day notice” is commonly used by surveyors, although the Act describes the step as a written request to appoint a surveyor.
Once a dispute exists, each owner can either agree to use one impartial surveyor or appoint a separate surveyor. If one owner refuses or neglects to make their appointment, the other party can serve a written request requiring them to appoint one.
If the owner still fails to appoint a surveyor for ten days beginning with the day the request is served, the other party may make the appointment on their behalf.
A properly prepared request should make clear:
- which Party Wall Notice was originally served;
- that a dispute has arisen or is deemed to have arisen;
- that a surveyor appointment is now required;
- the date by which the appointment must be made;
- what may happen if the recipient remains unresponsive;
- where the written response or appointment details should be sent.
This is not simply a casual reminder email. The validity and service of the request can affect whether the later appointment is properly made.
Can the Building Owner Appoint a Surveyor for the Neighbour?
Section 10(4) can permit an appointment to be made on behalf of a non-responsive Adjoining Owner once the required steps and ten-day period have been completed.
The appointment is made so the statutory procedure can continue. It does not mean:
- the Adjoining Owner has consented to the work;
- the Building Owner's existing surveyor acts for both parties;
- the appointed surveyor must accept the Building Owner's position;
- the neighbour loses the protections provided by the Act;
- the project can avoid a Schedule of Condition or appropriate safeguards.
The surveyor appointed for the Adjoining Owner must fulfil the statutory role impartially. They review the available information and work with the Building Owner's Surveyor to resolve matters connected with the notifiable works.
Where one surveyor is acceptable to both owners, the alternative is the Agreed Surveyor route. This requires both owners to concur in the appointment and should not be imposed unilaterally after silence.
What Do the Surveyors Do After Appointment?
Appointment is not the end of the procedure. It creates the professional framework through which the dispute can be resolved.
Depending on the project, the surveyor or surveyors may:
- check that the original notices were valid;
- confirm the Building Owner and Adjoining Owner interests;
- review architectural and structural drawings;
- request foundation sections, calculations or method statements;
- consider temporary works and protection requirements;
- arrange access for a Schedule of Condition Survey;
- record working hours and access arrangements;
- agree procedures for inspection and alleged damage;
- prepare and serve a formal Party Wall Award.
Read more about the final document through our Party Wall Awards London service.
Can Work Start Once the Initial 14 Days Have Passed?
Not automatically.
For Party Structure and Section 6 excavation work, the end of the response period may trigger a deemed dispute. It does not normally remove the need for the dispute to be resolved by surveyors.
Before the affected work starts, the Building Owner should confirm that:
- the notice was valid and correctly served;
- the applicable one-month or two-month notice period has expired or been waived;
- the correct surveyor appointments have been made;
- the Party Wall Award has been agreed and served;
- the contractor has received the Award and attached drawings;
- any pre-commencement inspection or Schedule of Condition is complete;
- the work described in the Award matches the current construction proposal.
Starting prematurely can expose the project to delay, injunction risk, additional professional costs and a more difficult neighbour relationship.
Check That the Original Notice Was Valid
The non-response procedure should not be built on a defective notice.
Common notice problems include:
- serving the wrong adjoining owner;
- omitting a joint freeholder or qualifying leaseholder;
- using the wrong type of Party Wall Notice;
- describing the proposed work too vaguely;
- failing to include necessary excavation plans and sections;
- using an unrealistic or incorrect commencement date;
- serving a notice before the design is sufficiently developed;
- using an unreliable method of service without proper evidence.
If the original notice is invalid, the response period and deemed-dispute procedure may not have started as expected. It can be quicker and safer to correct and re-serve the notice than to build an Award process on defective documentation.
See our guide to what makes a Party Wall Notice valid .
What If the Neighbour Is Absent or Cannot Be Contacted?
London properties are frequently rented, owned through companies, held by overseas owners or divided into leasehold and freehold interests. The person living next door may not be the only owner entitled to receive notice.
Before treating an owner as non-responsive, the Building Owner should check:
- Land Registry ownership information;
- whether the property has joint owners;
- whether long leaseholders also qualify as Adjoining Owners;
- whether the freehold is held by a company;
- the addresses available for service;
- the evidence showing when and how the notice was served.
An owner should not be described as deliberately ignoring the process merely because documents were sent to the wrong person or an outdated correspondence address.
What If Several Adjoining Owners Do Not Respond?
Each relevant ownership must be handled separately.
A London project involving converted flats, mansion blocks, commercial premises or multiple neighbouring freeholders may require notices to several owners. One owner's written consent does not necessarily resolve the position with everyone else.
The result may be a mixture of:
- owners who consent;
- owners who appoint the same Agreed Surveyor;
- owners who appoint separate surveyors;
- owners who remain unresponsive and require Section 10(4) action.
This should be reflected in the project programme and surveyor fee allowance. A multi-owner project can take longer than a straightforward agreement between two neighbouring houses.
What Should the Adjoining Owner Do After Missing the Deadline?
An Adjoining Owner should not continue ignoring correspondence because the initial response period has passed.
They should:
-
Read every notice and follow-up request.
Identify the proposed work, dates, properties and required response. -
Obtain the drawings.
Ask for sufficient architectural and structural information to understand the proposal. -
Respond in writing.
Confirm whether they agree to an Agreed Surveyor or wish to appoint their own surveyor. -
Raise genuine technical concerns promptly.
Explain concerns about excavation, structural support, access, weathering or property condition. -
Do not assume silence stops the project.
The Act contains a procedure that allows the matter to continue without indefinite cooperation.
Independent assistance is available through our Adjoining Owner's Surveyor service .
Who Pays the Surveyor Fees?
In a typical residential project, the Building Owner carrying out the work will usually be responsible for reasonable surveyor costs arising from the notifiable works.
However, this should not be reduced to an automatic rule that every invoice must be paid regardless of its reasonableness or relevance. The surveyor or surveyors can determine costs within the Party Wall Award, taking account of:
- the nature and complexity of the work;
- the number of adjoining owners;
- the information provided by the Building Owner;
- whether additional professional advice is reasonably required;
- conduct that causes avoidable delay or additional work;
- whether any work benefits the Adjoining Owner.
Hourican Associates' indicative fees are:
- Party Wall Notice service from £150 + VAT per adjoining owner;
- Schedule of Condition Surveys typically £385–£585 + VAT;
- full Party Wall Award service typically £1,100–£1,500 + VAT;
- basement and complex multi-owner projects priced separately.
Common Building Owner Mistakes After No Response
Assuming the neighbour has consented
Silence is not a written consent and can trigger a deemed dispute instead.
Starting work on day 15
The end of the response period is not an automatic construction start date. The notice period and Award requirements remain relevant.
Skipping the Section 10(4) request
A surveyor should not be appointed for an owner merely because the initial notice went unanswered. The ten-day appointment request must be handled correctly.
Appointing the wrong person
The appointment made for the non-responsive owner must preserve the statutory two- surveyor structure. It should not be treated as an opportunity for the Building Owner's existing surveyor simply to represent both sides.
Using outdated drawings
Material design changes may require revised notices, further information or a supplemental Award process.
Rushing the construction programme
Contractors should not be booked to begin notifiable work on the assumption every neighbour will respond immediately.
How Much Time Should a London Project Allow?
Building Owners should allow more than the minimum statutory notice period where the project involves technical work or several adjoining owners.
A realistic programme should allow time for:
- reviewing ownership and drawings;
- preparing and serving valid notices;
- the initial 14-day response period;
- the Section 10(4) ten-day procedure if required;
- surveyor appointments and third-surveyor selection;
- access for the Schedule of Condition;
- reviewing structural calculations and methods;
- agreeing and serving the Party Wall Award;
- providing the contractor with the final Award requirements.
A straightforward matter can progress efficiently, but basements, underpinning, multiple leaseholders, absent owners or incomplete structural details can extend the process significantly.
Building Owner Non-Response Checklist
- Confirm exactly which notice was served.
- Check that the notice was valid.
- Confirm all relevant Adjoining Owners were identified.
- Retain evidence of the date and method of service.
- Do not treat silence as consent.
- Check whether Section 1, Section 2 or Section 6 applies.
- Record when the initial response period ends.
- Appoint your own surveyor where a dispute has arisen.
- Serve the appropriate Section 10(4) appointment request.
- Allow the full ten-day period before making an appointment on behalf.
- Use a separate, impartial surveyor for the non-responsive owner.
- Arrange the Schedule of Condition and Award.
- Do not begin notifiable work prematurely.
Our Building Owner's Surveyor service can manage the notice, non-response and Award procedure from beginning to end.
Party Wall Notice Non-Response FAQs
Richard Hourican, Company Director
BSc (Hons). HND Build. MCIOB. C.Build E MCABE. ARICS. MFPWS. MPTS
As a specialist Party Wall surveyor, Richard Hourican will protect your interests during building works.
Are you planning a building project – perhaps an extension, loft conversion or basement – that is on or adjacent to your property’s boundary line? Or has a ‘Party Wall’ notice dropped on the doormat informing you of a neighbour’s impending works?
It’s essential to understand all the implications of building plans. If you don’t, it could cost thousands. Our job is to ensure everything is done correctly – and that it doesn’t!
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