When a Party Wall Notice is met with silence, projects can stall and tempers can fray. The good news? The Party Wall etc. Act 1996 anticipates non-responses and provides a clear route forward. This FAQ explains exactly what happens next, who does what, and how to keep your programme on track—with zero drama.
Quick primer: what counts as “ignored”?
- Day 0 – The Adjoining Owner receives a valid Party Wall Notice.
- By Day 14 – No written reply = deemed dissent under the Act.
- Next step – The Building Owner serves a 10-day request (often called a “10(4) notice”) asking the Adjoining Owner to appoint a surveyor.
- If still no reply by Day 24 – A dispute is deemed to have arisen and the Building Owner may appoint a surveyor on the neighbour’s behalf so the process can continue.
Silent neighbours do not have a veto. The Act provides a work-enabling pathway.
The Most Common FAQs
1) My neighbour hasn’t replied in 14 days. Can I start work?
Not yet. Silence triggers a deemed dispute, not consent. You must issue the 10-day request. If there’s still no response, you can appoint a surveyor on their behalf and proceed through the Act’s dispute-resolution process.
2) What is a “10(4) notice”?
It’s the follow-up 10-day request to the Adjoining Owner to appoint a surveyor. If they don’t respond, you may appoint one for them so matters don’t stall.
3) Can my own surveyor act for both sides if the neighbour ignores us?
No. An Agreed Surveyor requires actual agreement from both owners. With no response, you must appoint a separate surveyor for the Adjoining Owner.
4) What if the neighbour lives abroad or the property is empty?
Service is valid if sent to their last known UK address (or as permitted by the Act, including email where the owner has agreed to electronic service). If nobody can be identified, you can serve addressed to “The Owner” and fix it to a conspicuous part of the premises. Non-response rules still apply.
5) How do I know my notice was “valid”?
It must correctly state the owner details, addresses, scope of notifiable works, start timing (respecting the statutory notice period), and include plans/sections for excavations under Section 6. An invalid notice can derail the process—get this bit right.
6) Can the neighbour block access by staying silent?
No. Access tied to notifiable works can be set out in the award. Reasonable, necessary access is a statutory right when properly notified and conditioned.
7) How long will a silent-neighbour route take?
Plan for: 14 days (initial) + 10 days (follow-up) + time for surveyor appointments and the award to be agreed and served. Good admin shortens the tail; poor admin lengthens it.
8) Who pays when the neighbour ignores the notice?
Normally the Building Owner pays the reasonable costs of administering the Act, including the Adjoining Owner’s surveyor (even if appointed due to non-response). Keeping the scope tight helps keep those costs down.
9) Can I email notices?
Yes, if the recipient has confirmed willingness to receive documents electronically. Otherwise, use permitted methods set out in the Act (e.g., post to usual/last-known residence, personal service, or “The Owner” affixed on site).
10) What if the neighbour pops up later and objects?
They can engage at any time. The appointed surveyors remain in place and can consider any substantive concerns via the award. Silence doesn’t create a veto, but a late engagement can shape conditions and methods.
11) Do I need to involve the council or police?
Only in rare circumstances. If lawful access is refused contrary to the Act/award, Section 8 allows entry with a police officer present. In practice, clear paperwork and reasonable methods avoid this outcome.
12) Can the neighbour later appeal the award after ignoring notices?
Yes—either owner may appeal an award in the County Court within 14 days of service. That’s why getting the process and paperwork right is crucial.
Builder’s and Developer’s Tips for a Silent Neighbour
- Serve valid notices to the right legal owners (freeholder and any long leaseholders).
- Use both addresses: Where you have more than one address (property + correspondence), serve both.
- Keep comms open: A friendly cover letter and plain-English explanation often flushes out a reply.
- Stay proportionate: Push for pragmatic, proportionate terms in the award to avoid unnecessary cost and delay.
- Track dates: Diary the 14- and 10-day milestones so you can move decisively.
Costings (so you can budget)
Transparent, fixed pricing
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted).
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee, depending on complexity and number of notices/owners.
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side. (The Adjoining Owner’s surveyor often bills hourly; we work to keep those costs reasonable and contained.)
- Complex works (deep excavations, multi-owner blocks): we’ll still offer the fixed pricing as above!
- No surprises, no creeping extras. You’ll know the number before we start.
What we handle when your notice is ignored
- Check validity of the original notice(s) and ownership trail.
- Serve the 10-day request correctly and on time.
- Appoint a surveyor for the non-responsive neighbour (as permitted).
- Drive a tight, proportionate award that enables the works, sets clear methods, and minimises unnecessary cost and delay.
- Keep momentum—no ping-pong, no drift.
The bottom line
A silent neighbour isn’t the end of the road; it’s a standard pathway under the Act. With valid notices, tidy follow-ups, and decisive appointments, you can move from non-response to a lawful, enforceable award and keep your build on programme.
Need a no-nonsense team to push a silent-neighbour matter over the line—fast and fairly?
Email team@simplesurvey.co.uk for fixed-fee support, compliant paperwork, and an award that keeps your project moving.