1. The notice period
When you serve a Party Wall notice, your neighbour has a set period to respond:
For building work on/to party structures: 14 days from service
For excavation work: 1 month from service
During this period, they can:
- Consent — Agree to the works proceeding
- Dissent — Trigger the surveyor appointment process
- Do nothing — Which is what we’re dealing with here
If the notice period expires without a response, the Act treats this as deemed dissent. Your neighbour is assumed to have dissented, even though they’ve said nothing.
2. Deemed dissent triggers the surveyor process
Silence isn’t consent under the Party Wall Act. It’s the opposite.
When your neighbour is deemed to have dissented, you can’t simply proceed with the works. The dispute resolution machinery of the Act kicks in:
- A surveyor (or surveyors) must be appointed
- A Party Wall Award must be prepared
- The Award sets out what you can do, when, and under what conditions
This protects both parties. You get a legal framework for proceeding. Your neighbour gets protection they might not have thought to ask for.
3. Appointing surveyors after deemed dissent
You have two main options:
Option 1: Agreed Surveyor
You can write to your neighbour proposing that a single surveyor be appointed to act for both parties. This is often the most efficient approach. The agreed surveyor acts impartially, not for either side.
If your neighbour doesn’t respond to this proposal either, you move to Option 2.
Option 2: Separate surveyors
You appoint your own surveyor. You write to your neighbour informing them of this appointment and requiring them to appoint their own surveyor (or agree to yours acting as Agreed Surveyor).
If they still don’t respond within 10 days, you (or your surveyor) can appoint a surveyor on their behalf. This is called a “10-day letter.”
4. The 10-day letter
The 10-day letter is specifically provided for in the Act. It gives your neighbour a final opportunity to:
- Concur in the appointment of an Agreed Surveyor, or
- Appoint their own surveyor
If they fail to do either within 10 days, your surveyor can make the appointment for them. This prevents non-engagement from blocking the process entirely.
The surveyor appointed on their behalf still owes duties to them and will look after their interests in the Award.
5. Preparing the Award
Once surveyors are appointed (whether agreed, separate, or appointed on behalf), they prepare a Party Wall Award.
The Award will typically include:
- Description of the notifiable works
- Drawings showing the works
- Condition schedule of the adjoining property
- Working hours and access arrangements
- Protection requirements
- How any damage will be dealt with
Even if your neighbour has ignored every communication, the Award protects their interests. That’s the point of the statutory process.
6. Serving the Award
The Award is served on both parties. Your neighbour will receive it even if they’ve ignored everything else.
From service, both parties have 14 days to appeal to the County Court if they disagree with the Award.
If no appeal is made, the Award is binding. You can proceed with your works in accordance with its terms.
7. Costs implications
Here’s where silence can cost your neighbour money.
Under the Act, the surveyor(s) determine who pays their fees. This is usually the Building Owner (the person doing the works), but not always.
Where a neighbour’s unreasonable conduct has increased costs — including by failing to engage with the process — the surveyors can apportion fees differently.
A neighbour who engages constructively might have all surveyor costs paid by you. A neighbour who creates delay and obstruction might end up paying more than they expected.
8. What you can’t do
While dealing with a non-responsive neighbour, you must not:
Start work without an Award — Deemed dissent doesn’t mean implied consent. You need the Award before you can lawfully proceed.
Bypass the process — The Act exists for good reasons. Shortcuts create legal exposure.
Assume they don’t care — Silence might mean many things: they’re away, they’re overwhelmed, they don’t understand. The process protects them regardless.
Become confrontational — You’ll be neighbours after this. Maintain professionalism.
9. Why neighbours don’t respond
Understanding motivations can help:
They don’t understand — Party Wall notices are unfamiliar. They might not know a response is needed.
They’re avoiding conflict — Engaging feels like creating a dispute, so they hope it goes away.
They’re away — Holiday, work travel, family circumstances.
They’re overwhelmed — Life is busy. Paperwork gets ignored.
They’re hostile — Some neighbours use silence as obstruction.
Whatever the reason, the Act provides a path forward. Their silence can’t permanently block your lawful works.
10. Practical tips
Document everything — Keep copies of all notices served, proof of delivery, and correspondence.
Use recorded delivery — Proves service occurred even if denied.
Be patient but persistent — Follow the process, follow the timescales.
Appoint a surveyor early — If consent isn’t forthcoming quickly, get professional help navigating the process.
Communicate clearly — Make sure they understand what’s happening and why responses are needed.
Key Takeaways
- Silence is deemed dissent — Not responding triggers the dispute process, not a free pass
- The 10-day letter — Allows surveyor appointment on their behalf after they fail to engage
- You can proceed — Eventually, with a proper Award, regardless of their engagement
- The process protects everyone — Including the neighbour who won’t participate
- Document everything — Proof of compliance matters if disputes arise later
- Get professional help — A surveyor experienced in Party Wall matters handles this routinely
Need Help?
If you’ve served notice and your neighbour isn’t responding, we can help. We’re experienced party wall surveyors who handle non-engagement routinely. We’ll ensure the process moves forward properly and your works can proceed.
Related Services:
- Party Wall Matters for Building Owners — When you’re doing the works
- Party Wall Matters for Adjoining Owners — When your neighbour is building
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