Imagine this: you’re ready to extend your home and have carefully followed all the necessary steps. You’ve engaged a party wall surveyor, prepared your notices, and served them to your neighbour. Everything’s been done by the book, but now you’re facing a challenge—your neighbour is ignoring your party wall notice. What should you do next?
How Long Does My Neighbour Have to Respond?
Once you’ve served a party wall notice, your neighbour has 14 days from the date it was served to respond in writing. It’s important to remember that a verbal conversation or a casual chat doesn’t count—only a formal written response is considered valid.
What Happens If There’s No Response After 14 Days?
If, after the 14-day period, your neighbour hasn’t responded, they are automatically deemed to have dissented (disagreed with the works). But that doesn’t mean the process ends there. You now need to serve a final 10-day notice or a reminder notice, giving your neighbour one last chance to either consent to the works or appoint a surveyor. This notice is often referred to as a “10-day notice.” Your party wall surveyor can help you draft this notice.
What If My Neighbour Ignores the 10-Day Notice?
Sometimes, despite your best efforts, you still don’t receive a response from your neighbour. They might be unavailable, on holiday, or simply not concerned about the works. However, it’s crucial not to assume that no response means consent. If you don’t get a reply after the 10-day notice, you must move forward by appointing your own surveyor (known as the building owner’s surveyor) and also appointing a surveyor to represent your neighbour’s interests (the adjoining owner’s surveyor) as per Section 10(4) of the Party Wall Act.
While it’s frustrating (and potentially costly) to have to appoint additional surveyors, this step is in place to ensure that the interests of the affected neighbour are still considered. The Party Wall Act provides this mechanism to prevent unnecessary delays in your project while making sure both parties are properly represented.
How to Prevent Your Neighbour From Ignoring the Notice?
Communication is key! Keeping the lines open with your neighbour can lead to better outcomes and fewer disputes. If you live at the property or know your neighbours well, take the time to chat with them about your plans. Being open and transparent often results in fewer objections and smoother negotiations.
If you don’t know your neighbour or if there’s an existing tension, timing becomes especially important. While you might not always be able to prevent a dispute, serving the notice as early as possible gives you the best chance to avoid delays to your construction project.
Advice for Neighbours—How to Respond to a Party Wall Notice
If you’ve received a party wall notice, it’s essential to respond in writing. Whether you agree with the building owner’s plans or have objections, it’s vital that your response is recorded officially to protect your rights under the Party Wall etc. Act 1996.
- If you consent to the works, confirm it in writing to ensure you’re protected under the Act.
- If you object, don’t assume ignoring the notice will prevent your neighbour from proceeding with their works. Instead, appoint a surveyor to represent your interests. You can even opt to use the same surveyor as an agreed surveyor to save on costs, but the choice is up to you.
Some neighbours may think that ignoring the notices will delay the building work, but it often has the opposite effect. Failing to respond can result in losing the ability to choose your own surveyor. Once a surveyor is appointed, you’re typically stuck with that person—even if you later feel uncomfortable with their involvement. If you plan to object to the works, make sure to follow the proper process to retain your right to choose the surveyor who will represent you.
Conclusion
Dealing with an unresponsive neighbour in the midst of party wall proceedings can be frustrating, but the process is structured to keep things moving. If your neighbour ignores the party wall notice, don’t panic. Follow the next steps carefully, including sending a reminder notice and, if necessary, appointing a surveyor to represent their interests.
Good communication can go a long way in resolving issues before they escalate. However, if things don’t go as planned, don’t hesitate to seek professional help from a party wall surveyor. They’ll be able to guide you through the process, ensuring your rights are protected and your project moves forward without unnecessary delays.