What Happens When a Neighbour Does Not Respond to a Party Wall Notice?

01

Why non-response is not consent

The Act creates specific response and dispute procedures. Silence does not give the building owner the same position as written consent, and it does not remove duties owed to the adjoining owner.

Before escalating, check that the notice was validly prepared, addressed and served and that the correct statutory period has actually expired. A defective notice cannot be repaired merely by waiting 14 days.

02

What happens after 14 days?

For section 2 and section 6 notices, the absence of written consent after 14 days can result in a deemed dispute. The owners can then concur in one Agreed Surveyor or each appoint a surveyor under section 10.

The position for section 1 notices needs to be considered according to the particular proposal. For example, without written consent a new wall cannot be built astride the boundary; the building owner may instead have to keep it wholly on their own land.

03

Can a surveyor be appointed for the silent neighbour?

Where a party neglects or refuses to appoint a surveyor after the statutory request and ten-day period, section 10 allows the other party to make an appointment on that owner’s behalf so that the procedure is not permanently blocked.

That power should be used carefully. Service, timing and appointment documents need to be correct, and the appointed surveyor still acts under the Act rather than taking instructions from the person who completed the appointment paperwork.

04

Why dialogue still matters

A short, respectful explanation can resolve practical causes of silence: the owner may be away, the property may be let, or the document may have gone to the wrong person. Early communication does not replace the statutory steps, but it can prevent avoidable cost and suspicion.

The process should remain proportionate. The objective is to enable lawful work while protecting the adjoining owner—not to use non-response as leverage or manufacture a larger dispute.

05

What should the building owner do next?

Keep evidence of service, verify ownership information, record the expiry dates, and ask a competent party wall practitioner to check the notice and proposed next appointment. Do not begin notifiable work solely because the neighbour has not replied.