What happens if your neighbour does not respond to a party wall notice?

The route, step by step

This is the sequence for a party structure notice. An excavation notice follows the same steps with a one month notice period.

1. Serve the notice. It must state the date the work will begin (section 3(1)(c)). For work under section 2 it must be served at least two months before the start date (section 3(2)(a)).
2. Wait 14 days. The period begins with the day of service. Without a written consent in that time, the neighbour is deemed to have dissented and a dispute is deemed to have arisen (section 5).
3. Ask them to appoint. Under section 10(1) the owners either agree on one surveyor, the "agreed surveyor", or each appoint their own. Write to your neighbour asking them to concur in an agreed surveyor or appoint one of their own.
4. Wait 10 days. If they refuse, or neglect to appoint for 10 days beginning with the day your request is served, you may make the appointment on their behalf (section 10(4)). The booklet says your own surveyor will advise on this.
5. If each owner has a surveyor, the two select a third. They must do so "forthwith" (section 10(1)(b)). Either owner or either surveyor can call on the third surveyor to decide the disputed matters (section 10(11)).
6. The award is made and served. The surveyors serve it on both owners (section 10(14)).
7. Appeal period. Either owner has 14 days from service to appeal to the county court (section 10(17)).
8. Start work. Not before the notice period has run, unless your neighbour agrees in writing to an earlier start (section 10(12); booklet, paragraph 47).

If either party to the dispute (a) refuses to appoint a surveyor under subsection (1)(b), or (b) neglects to appoint a surveyor under subsection (1)(b) for a period of ten days beginning with the day on which the other party serves a request on him, the other party may make the appointment on his behalf.

A worked example of the dates, for a party structure notice served on 1 March:

The Act sets no deadline for the award itself, so the surveyors' work comes on top of these dates.

What the award does

The agreed surveyor or as the case may be the three surveyors or any two of them shall settle by award any matter (a) which is connected with any work to which this Act relates, and (b) which is in dispute between the building owner and the adjoining owner.

An award may decide the right to carry out the work, the time and manner of carrying it out, and any other matter arising out of the dispute, including the costs of making the award (section 10(12)). The booklet adds that awards often record the condition of the neighbour's property before work starts and allow the surveyors access to inspect.

The award is conclusive and cannot be questioned in any court except by the appeal route in section 10 (section 10(16)).

Either of the parties to the dispute may, within the period of fourteen days beginning with the day on which an award made under this section is served on him, appeal to the county court against the award and the county court may (a) rescind the award or modify it in such manner as the court thinks fit; and (b) make such order as to costs as the court thinks fit.

If a surveyor stops acting

The Act has fallback rules so that one side cannot stall the process:

• If a surveyor appointed by one owner refuses to act effectively, or neglects to act effectively for 10 days after a request, the other surveyor may proceed alone, "ex parte" (section 10(6) and (7)).
• If one surveyor refuses to select a third surveyor, or fails to do so within 10 days of a request from the other, the local authority's appointing officer can select one on the application of either surveyor (section 10(8)).
• Appointments must be in writing and cannot be rescinded by either owner (section 10(2)).

What you cannot do

• Be your own surveyor. Section 20 defines a surveyor as "any person not being a party to the matter". The booklet also advises against appointing someone already engaged to supervise the building work.
• Treat silence as consent. gov.uk says plainly that "no response" does not mean the neighbour agrees.
• Skip the notice. The Act has no enforcement procedure of its own, but a neighbour can seek an injunction to stop work begun without proper notice.

What this means for you

A neighbour who ignores a notice cannot stop the surveyor process. If you act on each deadline, as in the example above, you can appoint a surveyor for them from 25 March, 24 days after the notice was served. Keep proof of service and of your written request, because section 10(4) runs from the day the request is served. Who pays for the surveyors is covered in party wall surveyor costs. The Act, and this procedure, extend to England and Wales only (section 22(4)).

Parallel does not act as a party wall surveyor. On projects we design, we prepare the drawings that accompany the notices.