A neighbour failing to respond to a Party Wall Notice can create procedural challenges for a building project. For this reason, understanding the next steps if a neighbour is ignoring your Party Wall Notice is crucial to protect your property interests and ensure that works can proceed in accordance with the law.

In this article, we outline what occurs when a notice is ignored, provide guidance for neighbours who have received a notice, address FAQs, and more, so property owners can navigate the process effectively and with clarity.

Key Takeaways

• If a neighbour ignores a Party Wall Notice, their silence is treated as a “deemed dissent,” which starts the dispute resolution process. Surveyors are appointed, a Party Wall Award is prepared, and works can legally begin once the Award is served and notice periods have passed.
• Adjoining owners should respond in writing to protect their rights, consider appointing a surveyor if they wish to object, and avoid ignoring notices, as this does not stop the works and may mean losing control over how they are carried out.
• James Lewis Chartered Surveyors is a RICS-regulated practice, providing expert, impartial party wall advice for both building owners and adjoining neighbours across London and Surrey.

What Is a Party Wall Notice?

A Party Wall Notice is a formal communication sent to an adjoining neighbour when you plan construction or alterations that could affect shared walls, floors, ceilings, or boundary structures. It is a legal requirement under the Party Wall etc. Act 1996 and is intended to inform neighbours before work begins, reducing the risk of disputes.

The Party Wall Notice should clearly set out:

• The type of work being planned and how it will be carried out
• Potential effects on the neighbour’s property
• The expected start date or timeframe for the project
• Guidance for the neighbour on how to respond, whether by consenting to the work or appointing a surveyor

Also read: What Is the Law on Walls Between Houses?

When Do I Need to Serve a Party Wall Notice?

The notice must be served in advance of any construction or excavation, giving neighbours time to consider the proposals and respond. Typical notice periods are:

• Two months for work involving existing shared walls or structures, such as raising the height of a party wall or inserting a beam
• One month for constructing a new boundary wall, adding an extension close to the neighbour’s property line, or carrying out excavation work adjacent to foundations

Upon receiving the notice, a neighbour typically has 14 days to reply. They can give consent for the work, raise an objection, or fail to respond at all.  

What Happens if a Neighbour Ignores My Party Wall Notice?

If a neighbour does not respond to a Party Wall Notice within the statutory 14-day period, it does not halt your project. Instead, the law provides a clear framework to manage the situation. The process follows a series of steps designed to protect the rights of both the building owner and the adjoining neighbour while ensuring that construction can proceed legally.

Step 1: Deemed Dissent — When Silence Creates a Dispute

When the neighbour fails to reply, their silence is legally treated as an objection, a concept known as deemed dissent under Section 5 of the Party Wall etc. Act 1996:

“If an owner on whom a party structure notice or a counter notice has been served does not serve a notice indicating his consent to it within the period of fourteen days beginning with the day on which the party structure notice or counter notice was served, he shall be deemed to have dissented from the notice and a dispute shall be deemed to have arisen between the parties.”

Even without an active objection, the law recognises that a dispute has arisen. This ensures that the dispute resolution process is followed, safeguarding both parties’ interests and preventing work from proceeding without oversight.

Step 2: Surveyor Appointment – Managing the Dispute Professionally

Under Section 10 of the Party Wall etc. Act 1996, once a dispute has been deemed to exist, both parties are entitled to appoint a surveyor to manage the process. Each surveyor acts impartially to safeguard the interests of both the building owner and the neighbour. 

If the adjoining neighbour fails to appoint a surveyor within a reasonable period, typically 10 days after being requested, the building owner may appoint one on their behalf. Alternatively, the parties may agree to use a single impartial surveyor, who manages the dispute for both sides.

The surveyors’ responsibility is to ensure that the proposed works are carried out safely, in accordance with the law, and in a manner that protects the rights and property of the neighbour. 

This step ensures that a non-responsive neighbour cannot obstruct the building project indefinitely.

Did You Know? If two separate surveyors are appointed, the Act requires them to immediately select a Third Surveyor to act as an impartial umpire; this third professional only steps in to resolve disagreements if the first two surveyors cannot reach an agreement.

Step 3: Party Wall Award – Formalising the Work and Safeguards

The appointed surveyors then prepare a Party Wall Award, a legally binding document that formalises the arrangements for the works. The Award details:

• What work the building owner is permitted to carry out
• The agreed approach for completing the works safely and efficiently, including measures to minimise disruption to the neighbour
• Clear arrangements for when and how the building owner may need to access the neighbour’s property
• Practical limitations on working hours to reduce inconvenience throughout the project
• The condition of the neighbour’s property is formally recorded before any work begins, providing a reference in case of disputes over damage
• Procedures are detailed for managing and repairing any damage that may occur during the works, including who is responsible for the costs

Party Wall Awards provide certainty for both parties: the building owner can proceed with confidence, while the neighbour has suitable protections in order.

Step 4: Work Can Proceed – Legal Requirements Before Construction

Construction may begin once the Party Wall Award has been formally served and the Party Wall Notice period has passed. At this point, both the building owner and the neighbour are bound by the terms of the Award.

Either party has a 14-day window from service of the Award to appeal to the county court if they believe the Award was made incorrectly. The act of filing an appeal does not automatically prevent the works from commencing. However, some building owners choose to wait until the appeal period has passed to avoid the risk of works needing to be paused, altered, or undone if a challenge is brought.

Starting work before the Award is served or without following the requirements set out in the Act could expose the building owner to legal claims, including injunctions or trespass actions. 

Did You Know? At James Lewis Chartered Surveyors, our service offering includes party wall advice for building owners, helping them to smoothly navigate this process.

Advice for Adjoining Neighbours

If you’ve received a Party Wall Notice from a neighbour, it’s important to respond correctly to protect your rights and ensure your property is safeguarded. Consider the following guidance:

• Respond in writing: Whether you consent to the proposed work or wish to object, your response should be documented formally to ensure it is legally recognised.
• Appoint a surveyor if necessary: If you have concerns about the works, appointing a surveyor allows you to safeguard your property. You may also agree to use a single surveyor jointly with your neighbour to simplify the process.
• Avoid ignoring notices: Failing to respond does not prevent the building work from proceeding and may result in losing control over how the works are carried out. Once a surveyor is appointed, you cannot change them, so following the correct process is essential if you wish to raise objections.

Did You Know? James Lewis Chartered Surveyors provides party wall advice for adjoining owners, supporting neighbours in reviewing notices and protecting their interests.

Frequently Asked Questions

Can I serve a Party Wall Notice again if I made a mistake?

Yes. If a Party Wall Notice contains errors or is incomplete, it can be withdrawn and served again with the correct information. However, the notice period will usually restart from the date the new notice is served.

What if the adjoining owner can’t be located?

If the adjoining owner cannot be contacted after reasonable efforts — such as attempting delivery at the property, or making enquiries with occupants — Section 15 of the Party Wall etc. Act 1996 allows the notice to still be served. This may involve addressing the notice to “the owner” of the property and fixing it to a visible part of the building if no one is available to receive it. If no response is received, the situation is treated in the same way as an ignored notice.

Do I legally have to appoint a party wall surveyor?

If the neighbour provides written consent to the Party Wall Notice, surveyors may not be required. However, if a dispute arises or the neighbour dissents, surveyors must be appointed to resolve the matter and produce a Party Wall Award.

Choose James Lewis Chartered Surveyors for Party Wall Advice

“Ensuring the correct process under the Party Wall Act is followed is essential for any building project. Our team provides clear, practical guidance every step of the way,” says James Lewis, Managing Director

If you’re dealing with an ignored Party Wall Notice or any other party wall issue, getting the right professional support can make all the difference. At James Lewis Chartered Surveyors, we are specialists in party wall matters, providing clear, impartial advice for both building owners and adjoining neighbours across London and Surrey. 

As a Chartered surveying practice regulated by the Royal Institution of Chartered Surveyors (RICS), we adhere to strict professional standards and offer efficient, precise guidance tailored to complex party wall situations. 

Contact James Lewis Chartered Surveyors today to speak with an experienced party wall surveyor in London and ensure your project proceeds smoothly, legally, and with complete peace of mind.