A “10(4) Surveyor” is the shorthand for a party wall surveyor appointed under Section 10(4) of the Party Wall etc. Act 1996 when an Adjoining Owner does not respond to a valid Party Wall Notice. The purpose is simple: silence must not stall lawful works—the Act supplies a mechanism so the process can continue fairly and independently.
When does Section 10(4) apply?
- Notice served correctly (s.1/s.2/s.6).
- 14 days pass with no written response → deemed dissent.
- Building Owner serves a further 10-day request asking the Adjoining Owner to appoint a surveyor.
- If still no reply after 10 days, the Building Owner may appoint a separate surveyor on the Adjoining Owner’s behalf (this cannot be the Building Owner’s own surveyor).
A 10(4) appointment preserves due process; it does not give the Building Owner control over both sides.
What does a 10(4) Surveyor do?
Exactly what an ordinarily appointed Adjoining Owner’s surveyor would do—independently:
- Review the proposals (drawings, methods, temporary works) through the lens of risk to the Adjoining Owner’s property.
- Negotiate and agree the Party Wall Award with the Building Owner’s surveyor (or determine as Agreed Surveyor if that’s the set-up in other cases). The Award sets what may be done, how/when, protections, access protocols, and damage procedures.
Practical limits & points often missed
- No waiver of statutory timings: A surveyor appointed under 10(4) cannot waive the original notice lead-in. Works must still respect the minimum periods.
- Further notices: A 10(4) appointee is not automatically authorised to receive additional notices for later variations; fresh service may be required.
- Access isn’t automatic: Section 8 access still needs 14 days’ written notice (unless emergency).
- Independence matters: The 10(4) surveyor owes duties under Section 10—they are impartial, even though the Building Owner usually pays reasonable costs.
- Evidence of service: Keep rock-solid proof of the 14-day notice, the 10-day request, and the 10(4) appointment.
Tips
For Adjoining Owners
- Always reply (even if you’re broadly content). Responding preserves your free choice of surveyor.
For Building Owners
- Do your best to ensure the notice is received (valid service under s.15) and keep evidence.
- If silence persists, follow the 14 + 10-day sequence precisely before making a 10(4) appointment.
At-a-glance timeline
Day 0 – Notice received
Day 14 – No reply → deemed dissent → serve 10-day request (s.10(4))
Day 24 – Still no reply → appoint 10(4) Surveyor for the neighbour → proceed to Award
Want this handled correctly, calmly, and for less?
Email team@simplesurvey.co.uk — Simple Survey are the lowest-cost party wall surveyors across England & Wales. We’ll run the 14 + 10-day process, make a sensible 10(4) appointment, and issue a clear, proportionate Award so your programme stays on track.