The Party Wall etc. Act 1996 is designed to strike a fair balance—allowing building works to move forward while safeguarding the rights of those affected. Section 10(4) is a key provision that demonstrates this balance in action.
So, What Does Section 10(4) Actually Do?
If an adjoining owner doesn’t respond to a Party Wall Notice—whether they’re unavailable, unwell, or simply unaware—Section 10(4) ensures that the building owner’s project isn’t left in limbo.
This section allows a ten-day follow-up notice to be served. If there’s still no reply after those ten days, a surveyor is appointed on behalf of the non-responsive neighbour, enabling the Party Wall process to continue without unnecessary delays.
Why This Matters for Your Project
Anyone who’s planned a construction project knows that timing is everything. Coordinating trades, scaffolding, and deliveries comes with tight schedules and significant costs. Delays—especially ones caused by silence—can seriously derail progress.
Section 10(4) ensures that your right to build isn’t indefinitely stalled, while also protecting your neighbour by involving an impartial surveyor to represent their interests. It’s a smart, fair mechanism that keeps things moving without cutting corners.
When Should You Serve a Section 10(4) Notice?
Timing depends on how the original Party Wall Notice was delivered:
- 14 days after hand-delivery
- 16 days after posting (to allow for delivery time)
Once this time passes without a response, the ten-day Section 10(4) notice can be issued.
Need Help Navigating a Non-Responsive Neighbour?
Don’t let silence slow you down. Speak with our experienced surveyors today at team@simplesurvey.co.uk – we’re here to help move your project forward with confidence.