Overview
If your neighbour does not respond to a party wall notice, it does not automatically mean you can start the notifiable works. The correct next step depends on which type of notice was served.
First, identify the notice
For notices relating to work to a party structure or notifiable excavation, the adjoining owner usually has 14 days to respond. If they do nothing, a dispute is deemed to have arisen and the dispute resolution procedure must be followed.
For some section 1 notices, the position is different. If you are building a wall wholly on your own land up to the boundary, and no objection is received within the relevant period, you may usually proceed after the one-month notice period has expired.
However, if you want to build a wall astride the boundary, you need the adjoining owner's express consent. Silence is not consent to build on someone else's land.
Send the 10-day letter
Where a deemed dispute has arisen, the normal next step is to send a 10-day letter. This should explain that: - a valid party wall notice was served; - no response has been received within the statutory period; - a dispute is deemed to have arisen; - the adjoining owner has 10 days to appoint a surveyor; - if they do not do so, a surveyor may be appointed on their behalf under section 10(4) of the Act.
Keep proof of postage or delivery. A clear paper trail matters.
What can the neighbour still do?
The neighbour can still respond. They may consent, appoint their own surveyor, or agree to the appointment of one agreed surveyor. It is often sensible to remind them of those options in the 10-day letter.
Appointing a surveyor on their behalf
If the adjoining owner still does not respond after the 10-day period, the building owner may appoint a surveyor on their behalf under section 10(4).
That surveyor does not become the adjoining owner's agent. Their role is still statutory and impartial. Their appointment simply prevents the process from being stopped by silence.
What happens next?
The appointed surveyors can proceed to resolve the dispute and make an award where required. They should still act fairly, consider the adjoining owner's interests and avoid unnecessary delay.