What happens if your neighbour doesn't respond to a party wall notice?
The 14-day rule, the 10-day request and appointing a surveyor on your neighbour's behalf.
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In short
If your neighbour doesn't respond within 14 days, a dispute is assumed. Write asking them to appoint a surveyor within 10 days. If they still don't, you can appoint a surveyor to act on their behalf under section 10(4), and the award is made in the normal way.
| Step | Timing |
|---|---|
| Notice served | Day 0 |
| No response, dispute assumed | After 14 days |
| Request to appoint a surveyor | Gives a further 10 days |
| Surveyor appointed on their behalf | After the 10 days |
Before you escalate
Silence is common and rarely hostile. Notices get lost, owners are away, or the property is let. Knock on the door, check the tenant has passed it on, and confirm the owner's address with HM Land Registry.
Appointing a surveyor for them
The surveyor appointed on your neighbour's behalf must act impartially, just as if the neighbour had chosen them. They will still prepare a schedule of condition of the neighbour's property and agree an award with your surveyor.
Keep a paper trail
Keep copies of the notice, proof of service, the 10-day request and any replies. If something is challenged later, this shows the process was followed.
Common questions
Can I start work if my neighbour ignores the notice?
No. Silence is treated as a dispute, so an award is needed before notifiable work starts.
Source: Party Wall etc. Act 1996 (applies in England and Wales).
Planning work near a neighbour?
Speak to a chartered surveyor before you start, not after.
