What their silence means
The Party Wall etc. Act 1996 does not let a neighbour stop a project by ignoring it. What it does depends on the kind of notice:
- Work to a party wall (Section 3) or an excavation (Section 6). If the neighbour does not consent within 14 days of service, they are treated as having dissented, and a dispute is deemed to have arisen. That is the same as if they had written to say no.
- A new wall on the boundary (Section 1). With no written consent within 14 days, you cannot build the wall across the boundary. You can build it wholly on your own land. See Section 1 notices.
So for most projects, silence puts you on the route to an award. That is slower than a signed consent, but it is a route.
Step 1: check that you served it properly
Before you do anything else, check:
- the notice went to the right owner (the freeholder, and any leaseholder with more than a year left, not just whoever lives there)
- it went to the right address
- you can prove when it was delivered or posted
- you counted the 14 days from the day of service
If any of that is doubtful, serve again properly rather than build on a shaky start. A notice that is invalid does not start the clock.
Step 2: a friendly nudge
Often a neighbour has not replied because they are away, have not opened the post or do not know what to do. A knock on the door or a call is worth making, especially in the first week. Offer to talk it through, and suggest that they ask for a free chat with a surveyor. A signed consent is still the quickest outcome.
Do not pressure them. A neighbour who feels bullied tends to dissent, appoint their own surveyor and look carefully at everything you do.
Step 3: suggest an agreed surveyor
Once the 14 days have passed, a dispute exists and surveyors must be appointed. The cheapest and quickest way is for both of you to agree on one agreed surveyor. Put the suggestion in writing, name the surveyor and ask your neighbour to confirm. They are entitled to say no and appoint their own.
Step 4: serve the ten-day request
If your neighbour will not appoint a surveyor, or does not answer, serve a written request asking them to appoint one. If they refuse or neglect to do so for ten days from the day the request is served, you can appoint a surveyor on their behalf.
A few points to remember:
- The surveyor appointed for your neighbour must be a different person from your own surveyor.
- They must act fairly towards your neighbour’s interests, not yours.
- You pay their reasonable fees as the building owner, as a general rule.
- It is worth being polite in the request, and making clear that the neighbour can still step in and choose their own surveyor within the ten days.
Step 5: the award
The two surveyors check the notice, record the neighbouring property in a schedule of condition and agree the award. The award is served on both owners, and either can appeal to the county court within 14 days.
When can you start?
Not before the award has been served, and ideally not until the 14-day appeal period has passed. If your neighbour consents in writing at any point, you can start once the notice period has run.
What not to do
- Do not start work because the two months are up.
- Do not take silence as agreement.
- Do not skip the schedule of condition because the neighbour is being difficult. It protects you as much as them.
- Do not keep serving new notices in the hope of a reply. It can restart the clock and cost you time.
We can take it from here
We serve ten-day notices as part of our £70 notice service, and can move on to the award as agreed surveyor or as your surveyor. Call 0800 999 1947.
Questions about a silent neighbour
Can I treat silence as consent and start work?
No. For work to a party wall or an excavation, silence for 14 days counts as dissent. A dispute has arisen, and the work covered by the notice cannot start until an award has been served. Starting early risks an injunction.
What if the notice never reached them?
That is why proof of service matters. If you cannot show that the notice was delivered or posted to the right owner at the right address, the 14 days may not have started. Serve it again properly, by hand if you can, and keep proof.
Who pays for the surveyor appointed for my neighbour?
As a general rule you do, as the building owner, provided the fees are reasonable. See who pays for a party wall surveyor.