What Happens If My Neighbour Doesn’t Respond to a Party Wall Notice?

Starting a construction project is exciting, but delays caused by a non-responsive neighbour can create significant challenges.

When it comes to Party Walls, if your neighbour doesn’t respond to your Party Wall notice, it could stall your timeline and disrupt your plans.

In this post, we’ll explore three areas:

1. Why neighbours might not respond,

2. What steps you can take, and

3. How to avoid unnecessary delays.

Why Neighbours Might Not Respond

There are several reasons why your neighbour might not respond to a Party Wall notice:

1. Life sometimes gets in the way—your neighbour might be busy and simply hasn’t had the time to read through the notices. It could be as simple as that.

2. Other times, they may be unavailable. For example, they could be on holiday (perhaps relaxing on a sunny Caribbean beach!) or away for work and unaware that notices have arrived.

3. In some cases, the property might be rented. This is a common scenario, where landlords haven’t updated their correspondence address with the Land Registry. Notices may sit unopened or delayed if tenants fail to forward them promptly.

4. Another challenge is that Party Wall notices can feel overwhelming, particularly for works like basement excavations. Notices often include technical terms and detailed drawings, which can intimidate those unfamiliar with building works and the Party Wall processes.

5. Occasionally, the property may be empty. Although less common, this can occur, especially with properties awaiting sale or renovation.

6. Finally, in rare instances, delays may be deliberate. Some neighbours intentionally stall the process if they are unhappy about the works. While uncommon, this tactic can add unnecessary frustration.

How Long Do Neighbours Have to Respond?

Neighbours have specific timeframes to respond to a Party Wall notice, as outlined below:

1. First Notice (14 day response period).

2. Second Notice (10 day response period).

What Happens If There’s Still No Response?

If your neighbour remains unresponsive after both notices, the next step is to appoint a Party Wall Surveyor under Section 10(4). This surveyor acts impartially on behalf of the neighbour to ensure their interests are protected while helping the project move forward.

The appointed surveyor will make efforts to contact the neighbour. If they respond at this stage, the process will continue as though they had dissented and appointed their own surveyor, ensuring that safeguards and procedures are applied.

If the neighbour remains unresponsive, the surveyors will conduct an external Schedule of Condition of the neighbour’s property. This document records the property’s current state, helping to avoid disputes in case of damage during the works.

Once the Schedule of Condition is complete, the surveyors will agree on and serve a Party Wall Award. This legally binding document outlines the rights and responsibilities of both parties, creating a framework for the works to proceed safely and without undue risk.

How to Encourage a Response

To avoid delays, there are a few steps you can take to encourage your neighbour to respond promptly:

• Communicate early: A friendly heads-up before serving notices can go a long way. If the property is rented, speak with the tenants to obtain the landlord’s correspondence address. Simple conversations can often save time.

• Make it personal: Instead of relying solely on formal communication, consider dropping by or sending a polite message to check if they’ve received the notice and answer any immediate questions.

• Simplify the process: Many neighbours feel overwhelmed by technical terms or complex drawings. Offer to connect them with your Party Wall Surveyor, who can explain the notices in plain English and address any concerns. This collaborative approach can also help inform your design team of any neighbour-specific worries.

A Tip from Our Experience

In our experience, most neighbours are happy to cooperate once they understand the process and their rights. Open communication and transparency can make all the difference.

Key Takeaway: Be Proactive

It’s rare for neighbours to remain unresponsive, as most respond by the second notice. However, potential delays underscore the importance of allowing sufficient time for notices to be served and resolved. By being proactive and working with an experienced surveyor, you can navigate Party Wall matters effectively and keep your project on track.

Need Help with Party Wall Notices?

Dealing with a non-responsive neighbour doesn’t have to derail your project.

We’re here to guide you through the Party Wall process, ensuring everything stays on track.

Call us today on +44 0203 951 1032 for personalised advice on Party Wall matters.

Let’s keep your project moving forward.