Been served a Party Wall Notice? Or served one yourself—and heard nothing back?
Silence does not stall the Party Wall etc. Act 1996. The Act contains a built-in “untangling” mechanism at Section 10(4) so the process keeps moving even if an adjoining owner refuses or neglects to engage.
Below we explain (in plain English) what Section 10(4) means, the steps and timings that apply, common pitfalls to avoid, and what both owners should expect next.
What Section 10(4) Actually Says (in short)
If either party refuses to appoint a surveyor, or neglects to appoint a surveyor for 10 days after being formally requested, the other party may appoint a surveyor on their behalf.
In simple terms
- If the adjoining owner doesn’t respond to the Notice and then ignores the 10-day request to appoint, the building owner can lawfully appoint a surveyor for them.
- The matter continues under the two-surveyor route (plus a third surveyor selected by those two).
- This prevents a non-responsive neighbour from blocking the project.
The Step-by-Step Section 10(4) Roadmap
- Serve a valid Party Wall Notice
- Correct form, correct section(s), correct owner(s), and served as per Section 15 (e.g., by post, by hand, fixing to the property, or by email only if the recipient agreed to electronic service).
- Initial 14-day response window
- If no written response is received within 14 days, there’s a deemed dissent and the dispute resolution procedure begins.
- Serve the 10-day request to appoint (this unlocks Section 10(4))
- Write to the non-responsive owner asking them to appoint a surveyor within 10 days under Section 10(1)(b).
- Allow for post (we advise adding 2 days for postal delivery in your timing).
- No appointment after 10 days?
- The building owner may appoint a surveyor on behalf of the adjoining owner under Section 10(4).
- The building owner’s own surveyor and the Section 10(4) surveyor then select a third surveyor.
- Surveyors get to work
- They agree the Party Wall Award: time and manner of works, protections (e.g., tool/working methods, temporary weathering, sequencing), access terms, variations procedure, and a clear route for dealing with damage or deviations.
- Award served → rights crystallise
- Once served, the Award gives the building owner the legal right to proceed as set out, and provides the adjoining owner with enforceable protections.
Key Practical Points & Pitfalls to Avoid
- Evidence your timings. Keep proof of:
- Valid Notice service (Section 15 method + date).
- The 10-day request (date and method).
- We recommend proof of postage (not recorded delivery, which can be refused at the door).
- You can’t appoint an “Agreed Surveyor” by default.
Section 10(4) is a two-surveyor mechanism. The building owner appoints a surveyor for the non-responsive neighbour—not an agreed surveyor. (An agreed surveyor only happens if both owners expressly agree under Section 10(1)(a).) - Appointment must be in writing.
Surveyor appointments (including one made under 10(4)) should be clear and written for validity. - Surveyor not engaging?
If a surveyor later refuses/neglects to act, Section 10(6)/(7) allows replacement after a further 10 days’ request to act. Use it if needed so the Award isn’t delayed. - Costs
Under the Act, the building owner usually bears the reasonable surveyors’ fees—even where the adjoining owner’s surveyor is appointed via 10(4).
Frequently Asked Questions
Q1: My neighbour finally replied after I appointed a 10(4) surveyor—can they choose their own now?
A: Generally, once a valid 10(4) appointment has been made, the two-surveyor route is established and continues. If both owners agree, they can switch to an Agreed Surveyor—but that’s a fresh mutual decision, not automatic.
Q2: Can the building owner appoint the same person as both surveyors?
A: No. Under the two-surveyor route, they must be different people. (One surveyor per owner; a separate third surveyor is then selected by those two.)
Q3: What if the adjoining owner later objects to “my” choice of surveyor for them?
A: If your 10(4) request and appointment were properly handled, the appointment stands. Their remedy is to engage with the appointed surveyor or, in a genuine failure to act scenario, seek a replacement via 10(6)/(7).
Q4: Does Section 10(4) let me start work straight away?
A: No. You still need the Party Wall Award in place. Section 10(4) merely ensures the surveying machinery is in motion despite silence.
Q5: Who pays the 10(4) surveyor’s fees?
A: Usually the building owner, subject to reasonableness. Fees and any apportionment are set out in the Award.
Keep Your Project Moving (Lawfully)
Simple Survey (RICS) — Nationwide • Fixed Fees • Plain English
Stuck with a non-responsive neighbour? We’ll run the 10(4) process correctly, evidence timings, appoint on your behalf where lawful, and drive a clear, enforceable Award.
Email: team@simplesurvey.co.uk with your drawings and Notice dates. We’ll start today.
Simple Survey — Fixed Nationwide Costs (Guide)
| Service | What you get | Fixed Fee (incl. VAT) |
|---|---|---|
| Party Wall Notice (per Adjoining Owner) | Drafting, validity check, service & tracking | £25 |
| Agreed Surveyor Award | One impartial surveyor acting for both owners | £300 |
| Building Owner’s Surveyor Award | Acting as Building Owner’s Surveyor in a two-surveyor setup | £300 |
| Section 10(4) Pack | 10-day request drafting, compliant service, on-behalf appointment & evidence bundle | £25 |
| Complex Engineering Input | Only if necessary/proportionate | Not Simple Survey Fees |
Our fees are always fixed. We’re nationwide. We’re both experienced and RICS-qualified.