If your neighbour didn’t respond to your Party Wall Notice and your follow-up 10-day request, you’re entitled under section 10(4) of the Party Wall etc. Act 1996 to appoint a surveyor on their behalf so the process can move forward.
It’s perfectly lawful — but it can also feel confrontational to the neighbour who has just realised a statutory appointment has been made for them.
Here’s how to steady the ship, keep your project on programme, and avoid appeal-risk.
First, check you really had the right to make a 10(4) appointment
Before you do anything else, confirm your paperwork is clean. You (or your surveyor) should be able to evidence:
- Valid Notice(s) — served to all Adjoining Owners (freeholder and any long leaseholders) with the correct section(s), description of the notifiable works, and the required plans for Section 6 excavations.
- 14 days elapsed with no written consent/dissent.
- A written 10-day request to appoint (the “request to appoint a surveyor”), properly served, that also elapsed without appointment.
If any of the above is shaky, cure it now (e.g., re-serve) rather than pressing on and risking the Award being challenged for want of jurisdiction.
Why your neighbour is upset — and how to defuse it
From the neighbour’s perspective, someone they didn’t choose is now “their” surveyor. That can feel unfair. Keep the tone calm and factual:
- Explain the law, not opinions. The Act requires surveyors to act impartially, not for the person who pays them. The 10(4) mechanism exists so neither party can block progress by inaction.
- Reassure on choice. Although a 10(4) appointment is valid and can’t simply be “cancelled” by the neighbour, in practice there are options (see below) that restore a sense of control without collapsing the process.
Practical options when a 10(4) appointment is disputed
1) Keep the 10(4) surveyor in place and proceed
- Legally robust and simplest administratively.
- The Adjoining Owner can still engage directly with “their” 10(4) surveyor and make their views known.
2) Switch to Agreed Surveyor (both owners use one impartial surveyor)
- Appropriate where works are conventional, relations are decent, and the neighbour mainly objects to not being consulted.
- Both owners must expressly agree in writing to revoke the two-surveyor route and appoint a single Agreed Surveyor going forward.
- Cleaner, quicker, and cheaper — but no Third Surveyor safety net in the agreed-surveyor route.
3) Allow the neighbour to appoint their own surveyor now
- Although the Act doesn’t expressly provide a “swap out,” it’s common, pragmatic practice (to avoid bad blood and appeals) for the building owner’s surveyor to agree that the newly chosen surveyor replaces the 10(4) appointee.
- If done, record the sequence in writing between surveyors so jurisdiction is clear and uncontested.
- This restores confidence while preserving momentum.
Tip: Whichever path you choose, keep it procedural. Surveyors (not owners) should minute the change, confirm the tribunal’s composition, and notify both parties.
Cost and time: what to expect
- Reasonable surveyor costs linked to making and serving the Award are usually paid by the Building Owner (you), because you benefit from the works.
- A 10(4) appointment doesn’t inherently increase fees; disputes and re-work do. Early, respectful communication reduces hours on both sides.
Simple Survey transparent pricing
- Party Wall Notice service: £25 per Adjoining Ownership (multi-notice bundles discounted)
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee (depends on complexity and number of notices/owners)
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side (we work to keep your neighbour’s surveyor’s hourly fees reasonable and contained)
We’re set up to de-escalate 10(4) flashpoints quickly so you don’t lose weeks (or goodwill).
How to communicate with an unhappy neighbour (copy-and-paste friendly)
*“We served the Party Wall Notice and, after no reply, a further 10-day request as required by law. To avoid delaying the project, a surveyor was appointed for you under section 10(4) of the Act. This surveyor is independent and must act impartially.
If you’d prefer either to use an Agreed Surveyor (one surveyor for both of us) or to appoint your own surveyor, please let us know in writing. We’ll ask the surveyors to put the change on record so everything remains valid. We’re keen to make this straightforward and fair.”*
That short message (sent kindly, not combatively) often resets the tone.
Common pitfalls to avoid
- Letting silence linger. If your neighbour is unhappy, encourage them to email or call the surveyor directly. Engagement is better (and cheaper) than obstruction.
- Changing the tribunal informally. If shifting from a 10(4) appointment, make sure the surveyors document the replacement properly to protect the Award from a jurisdiction challenge.
The bottom line
A 10(4) appointment isn’t a “gotcha.” It’s a safety valve to prevent stalemate. When handled with clear explanations and a willingness to accommodate reasonable preference, it keeps projects on track and reassures your neighbour their property is being protected by an impartial professional.
Need this resolved—calmly and quickly?
Email team@simplesurvey.co.uk with your notice dates, addresses, and any drawings. We’ll:
- sanity-check the validity of your service and 10(4) step,
- propose the least-cost, least-friction route (keep, switch to Agreed Surveyor, or replace), and
- drive the Award to completion on a fixed, transparent fee.
Simple Survey — watertight notices, impartial administration, no drama.