Silence happens more than you’d think. Owners move without updating the Title, go on extended trips, or simply don’t deal with paperwork. In practice, Party Wall Notices can get a non response. The Act anticipates this—and provides a way to keep your project moving lawfully.
The statutory sequence (don’t skip steps)
- Serve the Party Wall Notice (Sections 1/2/6 as applicable).
- Wait 14 days for a response. No reply = deemed dissent.
- Serve a 10-day request under Section 10(4) asking the Adjoining Owner to appoint a surveyor.
- If still no reply after those 10 days, the Building Owner (or their surveyor) may appoint a surveyor on the Adjoining Owner’s behalf.
Key rule: the Section 10(4) appointee cannot be the Building Owner’s surveyor. (A single Agreed Surveyor is only possible by consent of both owners.)
Who should make the 10(4) appointment?
You can do it yourself, but there’s value in letting your own appointed surveyor handle it. Seasoned party wall surveyors will:
- Choose a sensible, independent practitioner;
- Head off fee inflation;
- Keep the paper trail watertight.
Most professionals include authority for a 10(4) appointment in their letter of appointment so you’re ready if silence persists.
Drafting and serving the Award
With two surveyors appointed (one under 10(4)), the Award proceeds as normal. In fact, many surveyors go out of their way to demonstrate impartiality, knowing the Adjoining Owner didn’t select their own surveyor.
Important timing point: a surveyor appointed under 10(4) cannot waive statutory notice periods. Even once the Award is ready, you may still need to let the original notice lead-in run before breaking ground.
Future notices & variations
A surveyor appointed under 10(4) is not automatically authorised to accept further notices for the Adjoining Owner. If additional notifiable works were missed from the first notice, you must:
- Serve a fresh notice,
- Re-run the 14 + 10-day process, and
- Make a new 10(4) appointment (if silence continues) before issuing a further Award.
Quick compliance checklist
- Correct Section notice served (s.1/s.2/s.6), with evidence of service.
- 14 days elapsed → no reply = deemed dissent.
- 10-day s.10(4) letter served (evidenced).
- Independent 10(4) surveyor appointed (not your surveyor).
- Award includes method, protection, access protocols, and end-of-works inspection provisions.
- Lead-in periods respected; service of the Award evidenced.
- Any additional works → new notice and, if required, fresh 10(4) process.
Want this handled cleanly, quickly, and for less?
Email team@simplesurvey.co.uk—the lowest-cost party wall surveyors across England & Wales. We’ll manage the 14 + 10-day sequence, make a sensible 10(4) appointment, secure a defensible Award, and keep your programme moving—without unnecessary cost or conflict.