When a valid Party Wall Notice is served and the neighbour doesn’t reply, the Party Wall etc. Act 1996 has a built-in safety valve to stop your project grinding to a halt. That safety valve is Section 10(4)—the mechanism that allows an appointment to be made on behalf of a non-responding neighbour so the statutory process can continue lawfully and fairly.
Below is a clear, practical guide to what Section 10(4) means, when it applies, what the appointed surveyor can and can’t do, and how to use it properly without inflaming relations next door.
When does Section 10(4) apply?
- Serve a valid notice under the correct section(s) of the Act.
- Wait 14 days for a written response.
- If there’s no reply, serve a further 10-day request asking the neighbour to appoint a surveyor or agree to a single Agreed Surveyor.
- If there’s still no reply after those 10 days, a dispute is deemed to have arisen and you may appoint a surveyor on the neighbour’s behalf under Section 10(4).
This ensures non-response doesn’t thwart or stall lawfully-notified works.
What does a “10(4) surveyor” actually do?
A surveyor appointed under Section 10(4) has the same statutory duties as any other appointed surveyor. In short, they act impartially for the purposes of the Act to help bring matters to a properly reasoned Party Wall Award. Their job is not to “side” with anyone; it’s to apply the Act fairly so the works can proceed with sensible, proportionate protections.
Important limits many people miss
- They cannot waive statutory notice periods. Even after appointment, you must respect the minimum notice timings before starting notifiable works.
- They are not automatically authorised to receive future notices on the neighbour’s behalf. If additional notifiable works arise later, you’ll need to serve fresh notices correctly (including the Section 10(4) steps again if there’s still no response).
- Proof of service matters. If service was defective (wrong owner, wrong address, missing content), the 10(4) pathway can be challenged. Get service right the first time.
Good-neighbour tips that help (even if there’s silence)
- Try multiple channels (politely): post to the last-known address, confirm emails are acceptable before emailing, and consider a courteous note through the door inviting contact.
- Keep your tone neutral: remind them this is a legal process, not a personal pressure tactic, and that they retain full rights under the Act even if you must appoint for them.
- Continue to be transparent: clear drawings and plain-English descriptions reduce suspicion and late-stage friction.
FAQs
Is appointing for my neighbour “allowed”?
Yes—that’s exactly what Section 10(4) provides once the 14+10 day steps have passed with no response. It keeps the statutory process moving.
Does a 10(4) appointment mean I can start immediately?
No. You must still respect the minimum notice periods and have a valid Award in place before commencing notifiable works.
Can the neighbour later replace the 10(4) surveyor?
Yes. Owners remain free to appoint their own surveyor. The new appointee steps into the same role with the same powers under the Act.
What if my neighbour claims they never received the notice?
That’s why proper service and evidence (e.g., postal proof, correct addresses, email consent where used) are crucial. If service is shown to be defective, you may need to re-serve and restart the clock.
What if there are extra notifiable elements we missed originally?
Serve additional notices for the extra items. A 10(4) appointment made for the first notice doesn’t automatically cover new notices.
Transparent, fixed pricing (Simple Survey)
- 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 person doing the works): fixed-fee proposals from £325 for our side. (The neighbour’s surveyor often bills hourly; we work to keep those costs reasonable and contained.)
- Complex works (deep excavations, multi-owner blocks): we still offer fixed pricing as above.
No surprises, no creeping extras. You’ll know the number before we start.
The bottom line
Section 10(4) isn’t a shortcut; it’s a safeguard that prevents silence from derailing lawfully notified projects. Use it correctly—after valid service and the 14+10 day windows—and you’ll keep momentum while preserving your neighbour’s rights.
Need help actioning a clean 10(4) pathway—fast and fairly?
Simple Survey prepares compliant notices, handles the 14+10 steps, and completes the statutory process on clear, fixed fees.
Email team@simplesurvey.co.uk and we’ll get you moving.