My neighbour hasn't replied to my party wall notice

Silence is common. People go on holiday, put post aside or simply do not understand the letter. The Act has a clear route forward, so a non-reply does not have to stop your project.

Step 1: wait 14 days

For a party structure notice or an excavation notice, if the neighbour has not consented in writing within 14 days of service, a dispute is treated as having arisen. You do not need to do anything to make that happen; it follows automatically.

For a line of junction notice the position is different. Silence means you may build the new wall only wholly on your own land.

Step 2: try the friendly route

Before anything formal, knock on the door or drop a note through. Often the reply is "I didn't realise I had to answer". Explain the options and offer to share an agreed surveyor.

Step 3: ask them in writing to appoint a surveyor

If there is still no response, you or your surveyor can write formally asking the neighbour to appoint a surveyor. They have 10 days from that request.

Step 4: appointment on their behalf

If they still do nothing within the 10 days, you may appoint a surveyor to act for them. That surveyor must act impartially. They are not your surveyor in disguise, and you will normally pay their reasonable fees.

Then the process carries on as usual

The two surveyors inspect, record the neighbour's property and agree an award. The neighbour receives a copy of the award and keeps the right to appeal it.

Why the formal steps matter

Skipping a step, such as appointing a surveyor before the 10 days have run, can leave the appointment open to challenge. Keep copies of every letter and note the dates.

Common questions

Can I just start work if my neighbour doesn't reply?

No. For shared-wall and excavation work, silence means a dispute, which has to be settled by an award before work starts.

If I appoint a surveyor for my neighbour, who pays?

Usually the building owner, because the work is for their benefit.

Where this comes from in the Act

Links go to the official text of the Party Wall etc. Act 1996 on legislation.gov.uk.

Planning work next to a neighbour?

Ivan Larkin can confirm which notices your project needs, prepare and serve them, and deal with your neighbour's surveyor. Fixed fees, agreed in writing first.

Call 07477 207993Send an enquiry