When planning construction near a shared boundary, serving a Party Wall Notice is a legal requirement under the Party Wall etc. Act 1996. But what happens if your neighbour simply ignores this notice? This guide explains the steps you should take to keep your project on track and within the law.
What is a Party Wall Notice?
A Party Wall Notice is a formal letter sent by a property owner to their neighbour to inform them about building works that affect shared boundaries or structures. Examples include:
- Building on or next to the boundary line between properties
- Altering or demolishing a party wall
- Excavating near neighbouring foundations (within 3 or 6 metres, depending on depth)
Once the notice is served, the neighbour has 14 days to either:
- Agree to the work,
- Disagree and appoint a surveyor, or
- Do nothing (no response).
Ignoring the notice triggers specific legal consequences.
What Happens if the Neighbour Ignores the Notice?
1. A Dispute is Automatically Created
If the neighbour doesn’t respond within 14 days, the law considers this a dissent. This automatically starts a dispute resolution process under the Act.
2. Surveyors Need to Be Appointed
Both parties must appoint a surveyor to resolve the dispute. If your neighbour fails to appoint one within 10 days of your request, you can appoint a surveyor on their behalf. Alternatively, both owners can agree to use a single ‘agreed surveyor’ to handle the process.
3. A Party Wall Award is Prepared
The surveyors create a Party Wall Award, which is a legally binding document outlining:
- The details of the work to be carried out
- When and how the work will be done
- Access arrangements
- Payment responsibilities (usually the building owner pays)
- Measures to protect the neighbour’s property
4. Work Can Start After the Award is Served
You may begin work after the Award is served and the required notice period has passed, provided no appeal is made within 14 days. Even if your neighbour remains silent, they are legally bound by the Award.
Important Timelines
| Step | Timeframe |
| Neighbour’s response to notice | 14 days |
| Neighbour to appoint surveyor after request | 10 days |
| Surveyors to prepare and serve Award | As soon as possible |
| Appeal period after Award is served | 14 days |
Common Myths About Ignored Notices
- “If they don’t reply, I can start work immediately.”
No, you must wait for the dispute resolution and Party Wall Award before starting. - “They can block the work by ignoring the notice.”
No, the law prevents neighbours from delaying works simply by not responding.
Why You Must Follow the Proper Procedure
The Act protects both building owners and neighbours. Even if the neighbour ignores the notice, the formal process must be followed. Starting work without completing this process can lead to injunctions, legal claims, and financial penalties.
What If You Can’t Find Your Neighbour?
If the neighbour cannot be located, you can serve the notice by addressing it to “The Owner” and attaching it in a visible place on the property. This is allowed under the Act and ensures the process can continue.
What If the Neighbour Appeals?
Neighbours have 14 days to appeal the Party Wall Award after it is served. Appeals usually relate to procedural errors. If no appeal is made, the Award becomes final and enforceable.
Risks of Not Following the Process
Starting work without following the Party Wall Act procedures, even if your neighbour ignores your notice, can result in:
- Court injunctions halting your project
- Trespass and damage claims
- Legal liability for repair costs
- Orders to undo the work
- Increased legal expenses
Do You Still Need a Surveyor?
Yes. Once a dispute exists, a surveyor must be appointed. Proceeding without an Award risks enforcement action.
Frequently Asked Questions
What if my neighbour ignores the Party Wall Notice?
After 14 days, a dispute arises and surveyors must be appointed to resolve it.
Can I appoint a surveyor on behalf of my neighbour?
Yes, if they don’t appoint one within 10 days of your request, you may do so.
Can I start work while waiting?
No. Work can only start after the Party Wall Award is issued and the appeal period has ended.
Can my neighbour block the work by ignoring the notice?
No, silence triggers the dispute process but doesn’t give them the power to stop your project.
What if I made a mistake serving the notice?
You can serve a corrected notice and restart the process.
What if my neighbour responds after ignoring the notice?
They are still bound by the Award once the process is complete.
Final Thoughts
If your neighbour ignores a Party Wall Notice, don’t worry. Follow the correct steps: serve notices properly, appoint surveyors, wait for the Party Wall Award, and respect appeal periods. This ensures your project complies with the law and protects everyone involved.
Need Advice?
Our team of expert party wall surveyors is ready to help you through the entire process — from drafting notices to managing awards. Contact us today for professional support and guidance.