If your neighbour does not respond to your party wall notice within 14 days, they are "deemed to have dissented" under the Party Wall etc. Act 1996. This means surveyors must be appointed to produce a Party Wall Award before work can begin. It does not stop your project — it simply triggers the formal dispute resolution process.
You've done everything correctly: researched your obligations, prepared your party wall notice, and served it on your neighbour with plenty of time before your planned building works. But now it's been two weeks, and you've heard nothing. Not a letter, not a phone call, not even an acknowledgement. What happens now?
It's a situation that causes considerable anxiety for homeowners across London. You have contractors lined up, building materials ordered, and a project timeline to maintain. Your neighbour's silence feels like an obstacle you never anticipated. The good news is that the Party Wall etc. Act 1996 has clear procedures for exactly this situation. Your project can proceed, but there are specific steps you must follow.
In This Guide
The 14-Day Response Period
When you serve a party wall notice on your neighbour (known legally as the 'adjoining owner'), the clock starts ticking. Under the Party Wall etc. Act 1996, they have 14 days from the date they receive your notice to respond in writing. This response period applies to all types of party wall notice, whether it's a Section 1 notice for new building at the boundary, a Section 3 notice for works to an existing party wall, or a Section 6 notice for excavation near their property.
During this 14-day window, your neighbour has three options:
Consent in writing - They agree to your proposed works, and you can proceed once any other necessary consents are obtained
Dissent in writing - They formally disagree, triggering the surveyor appointment process
Request further information - They may ask for clarification about the proposed works, which is a reasonable response and shouldn't be viewed negatively
The critical point is that any response must be in writing. A verbal conversation over the garden fence, whilst helpful for maintaining neighbourly relations, does not constitute a valid response under the Act. Similarly, a vague "I'll think about it" or "sounds fine to me" said in passing carries no legal weight.
Proof of Service Matters
If disputes arise later, you may need to prove when your neighbour received the notice. This is why we always recommend serving notices by first class post, by hand with a written acknowledgement of receipt, or through a combination of methods. Keep copies of everything. Recorded or signed for deliveries give your neighbour the opportunity to refuse to accept the letter and notice would not have then been served. Using first class post ensures that the notices are delivered and therefore served.
Understanding 'Deemed Dissent'
If your neighbour fails to respond within 14 days, the Party Wall etc. Act 1996 applies a legal fiction: they are 'deemed to have dissented'. In practical terms, the law treats their silence exactly the same as if they had written to you formally objecting to your works.
This might seem harsh, but there's sound reasoning behind it. The Act cannot allow building projects to be held hostage indefinitely by an unresponsive neighbour. At the same time, it must protect the interests of adjoining owners who might be affected by the works. The deemed dissent mechanism strikes this balance by ensuring that a formal process (the surveyor appointment and Party Wall Award) takes place, protecting both parties.
Once deemed dissent has occurred, you cannot simply proceed with your works. You must follow the dispute resolution process set out in the Act, which means appointing surveyors to prepare a Party Wall Award.
Do Not Start Work Without an Award
We cannot stress this strongly enough: commencing notifiable works without either written consent or a Party Wall Award in place is a serious matter. You would have no legal protection if damage occurred, could face an injunction stopping your works mid-project, and might be liable for your neighbour's legal costs. The short-term convenience is simply not worth the risk.
The Surveyor Appointment Process
Once your neighbour is deemed to have dissented, the next step is appointing surveyors. This is where the Act provides a structured framework for resolving the matter professionally.
You (as the 'building owner') must now serve a further notice on your neighbour, requesting that they either:
Concur in the appointment of an 'agreed surveyor' to act for both parties, or
Appoint their own surveyor to represent their interests
Your neighbour then has a further 10 days to respond to this surveyor appointment request. If they again fail to respond within this period, you gain the right to appoint a surveyor on their behalf. This ensures that their continued silence cannot permanently stall your project.
Appointing a Surveyor on Their Behalf
If you need to appoint a surveyor for your unresponsive neighbour, you should select an experienced party wall surveyor who can act independently and fairly. This surveyor's duty will be to the proper administration of the Act, not specifically to your neighbour's interests (since they've declined to engage), but they must still ensure fairness to the adjoining owner.
The surveyor you appoint for your neighbour must be a different person from your own surveyor. Whilst it might seem efficient to have one person handle everything, the Act requires that where two surveyors are appointed, they must be genuinely separate individuals.
Agreed Surveyor vs Two Surveyors
The Party Wall etc. Act 1996 provides two pathways for the surveyor process: the 'agreed surveyor' route and the 'two surveyors' route. Understanding the distinction is important, particularly when dealing with an unresponsive neighbour.
The Agreed Surveyor
An agreed surveyor is a single surveyor appointed to act for both the building owner and the adjoining owner. This route is typically faster and more cost-effective, as there's only one professional to coordinate with and one fee structure. However, it requires both parties to agree on who that surveyor should be.
When a neighbour has been unresponsive throughout the process, achieving agreement on an agreed surveyor is unlikely. You can certainly write to them proposing this option, but if they don't respond, you'll need to proceed with the two surveyor route.
The Two Surveyor Route
Under this approach, you appoint your own surveyor, and your neighbour appoints theirs (or you appoint one on their behalf after the 10-day period expires). The two surveyors then work together to produce the Party Wall Award. If they cannot agree on any matter they refer that matter to a 'third surveyor' to make a binding decision. Referrals to the third surveyor are rare but they do occur from time to time.
Whilst this route involves more surveyors and potentially higher costs, it provides robust protection for both parties. Each surveyor brings their professional judgement to the process, and the collaborative approach often results in thoroughly considered Awards.
The Third Surveyor
The third surveyor is selected by the two appointed surveyors at the start of the process, before any disputes arise. They act as a tiebreaker if the two surveyors cannot agree. In practice, experienced surveyors usually reach consensus without needing to involve the third surveyor, but having one selected provides certainty and prevents deadlock.
What Goes Into a Party Wall Award
The Party Wall Award (sometimes called the 'party wall agreement', though 'Award' is the correct statutory term) is the document that authorises your works and sets out the terms under which they can proceed. It provides legal certainty for both parties and, importantly, records the condition of the neighbouring property before works commence.
A properly prepared Party Wall Award typically includes:
Details of the proposed works - What you're planning to do, with reference to drawings and specifications
Schedule of Condition - A detailed photographic and written record of the adjoining property's condition before works begin, providing evidence if any damage claims arise later
Working hours and methods - Reasonable restrictions on when and how works can be carried out
Access rights - Any rights of entry needed to carry out the works
Security provisions - Requirements for protecting the adjoining property during construction
Compensation arrangements - How any damage will be addressed and compensated
Cost allocation - Who pays for the surveyor fees and any required works
The Schedule of Condition is particularly important when your neighbour has been unresponsive. If they later claim that your works caused damage, the Schedule provides objective evidence of the property's pre-existing condition. This protects you from unfounded claims and provides your neighbour with genuine protection if damage does occur.
Impact on Your Project Timeline
One of the most pressing concerns for homeowners facing an unresponsive neighbour is the impact on their carefully planned project timeline. Let's be realistic about the timeframes involved.
Best Case Scenario
If your neighbour eventually engages and agrees to an agreed surveyor, or if the two surveyor process proceeds smoothly, you might obtain your Party Wall Award within 4-6 weeks from the point of deemed dissent. This assumes no complications with access for the Schedule of Condition, straightforward proposed works, and efficient surveyors.
More Typical Scenario
In our experience across London, a more realistic timeframe when dealing with an initially unresponsive neighbour is 6-10 weeks. This accounts for the 14-day initial response period (which has already passed), the 10-day surveyor appointment period, time to coordinate the Schedule of Condition, and the surveyors' preparation of the Award.
Complex Scenarios
If your neighbour becomes actively obstructive (as opposed to simply silent), refuses access for surveys, or if the proposed works are particularly complex, the process could extend to 3-4 months or longer. These situations are less common but do occur.
Planning Ahead
The lesson here is clear: serve your party wall notices as early as possible. Even if you don't expect problems with your neighbours, building in extra time protects your project from unforeseen delays. Many experienced homeowners in London now serve notices 3-4 months before planned start dates, rather than the statutory minimums.
Understanding the Costs
A common question from homeowners facing deemed dissent is: "Who pays for all this?" (See our FAQ for more on surveyor fees.) The answer, whilst not always what people want to hear, is generally straightforward.
Under the Party Wall etc. Act 1996, the building owner (that's you, as the person carrying out the works) is typically responsible for the reasonable costs of the party wall process. This includes:
Your own surveyor's fees
The adjoining owner's surveyor's fees (when appointed)
Any third surveyor fees, should their involvement be needed
Costs of preparing the Schedule of Condition
This might seem unfair when your neighbour's lack of response has complicated matters. However, the principle behind the Act is that if you're the one benefiting from the building works, you should bear the reasonable costs of protecting your neighbour's interests.
Typical Cost Ranges
Surveyor costs in Greater London vary depending on the complexity of the works, the number of adjoining owners, and the individual surveyor's fee structure. As a general guide:
Agreed surveyor route: Typically more economical as you're paying for one surveyor
Two surveyor route: Higher overall cost, but each surveyor's fee may be lower individually compared to an agreed surveyor
We recommend obtaining quotes from several surveyors and ensuring you understand exactly what's included in their fees. A lower headline rate that excludes the Schedule of Condition or doesn't include dealing with your neighbour's queries may not represent good value.
When Neighbours Remain Uncooperative
Sometimes, a neighbour's silence continues even after surveyors are appointed. They may refuse to allow access for the Schedule of Condition survey, ignore correspondence from the surveyors, or generally obstruct the process. What can be done?
Access for Surveys
The Party Wall etc. Act 1996 provides rights of entry to carry out surveys and execute works. Section 8 of the Act allows entry to the adjoining owner's property after giving 14 days' notice (or in emergencies, with such notice as is reasonably practicable). If access is refused, the surveyor can apply to the courts for an order permitting entry.
In practice, court applications are rare. Most adjoining owners, even initially uncooperative ones, will allow access rather than face legal proceedings. Your surveyor will usually be able to negotiate access through professional correspondence.
Proceeding Without Full Cooperation
If your neighbour refuses all engagement, the surveyors can still proceed. The surveyor appointed on your neighbour's behalf will act fairly but without the benefit of your neighbour's input. The Award will be prepared and served, and you can proceed with your works.
Your neighbour does have the right to appeal a Party Wall Award to the County Court within 14 days of receiving it. However, appeals are relatively uncommon and must be based on substantive grounds, not simply dissatisfaction with the outcome.
Practical Tips for Moving Forward
Based on our experience handling hundreds of party wall matters across London, here are practical steps to manage an unresponsive neighbour situation:
Document everything - Keep copies of all notices served, proof of delivery, and any communications (even unsuccessful attempts to make contact)
Try alternative contact methods - If post isn't working, try delivering a letter by hand, or leaving a note asking them to make contact. Sometimes people are away, ill, or dealing with personal circumstances
Be patient but proactive - Wait out the statutory periods, but act promptly once they expire. Every day of delay is a day added to your project timeline
Appoint experienced surveyors - A surveyor familiar with uncooperative adjoining owners will know how to progress matters efficiently and professionally
Maintain a professional tone - However frustrating the situation, avoid antagonistic communications. You'll need to live next door to this person once your works are complete
Inform your contractor - Keep your builder updated on the party wall situation so they can adjust their scheduling if needed
Common Mistakes to Avoid
When dealing with an unresponsive neighbour, it's tempting to take shortcuts. These are the mistakes we see most often:
Starting work without an Award - The most serious mistake. Never do this, regardless of how confident you are that your neighbour won't object
Assuming verbal consent is sufficient - Even a friendly neighbour who says "go ahead" must provide written consent under the Act
Serving inadequate notices - A notice that doesn't comply with the Act's requirements may be invalid, meaning you'll need to start again
Missing the statutory periods - If you don't act within the timeframes (serving surveyor appointment notices, etc.), you may need to restart portions of the process
Using an unqualified surveyor - The Act doesn't mandate specific qualifications, but using an inexperienced surveyor can lead to poorly drafted Awards and future disputes
Forgetting other neighbours - If your works affect multiple adjoining owners, you need valid consent or Awards from all of them, not just the most visible one
Moving Forward With Confidence
An unresponsive neighbour is undoubtedly frustrating, but it's a situation the Party Wall etc. Act 1996 anticipated and addressed. The deemed dissent mechanism, combined with the surveyor appointment process, ensures that your building project can proceed whilst still protecting your neighbour's interests.
The key is to follow the statutory procedures carefully, appoint experienced surveyors, and maintain realistic expectations about timeframes. Most party wall matters, even those involving initially uncooperative neighbours, resolve without significant conflict once the professional surveyors become involved.
Remember: the temporary inconvenience of the party wall process is far preferable to the potential consequences of proceeding without proper authority. An injunction stopping your works mid-construction, liability for damage claims without the protection of a Schedule of Condition, or a dispute that poisons neighbourly relations for years to come are risks that no sensible homeowner should take.
Need Help With an Unresponsive Neighbour?
If you've served a party wall notice and your neighbour hasn't responded, we can help. Our experienced surveyors handle these situations regularly across Greater London and can guide you through the process efficiently.
Or call us directly: 020 8150 3762
Disclaimer: This article provides general information about the Party Wall etc. Act 1996 and is not intended as legal advice. Every situation is different, and you should seek professional guidance specific to your circumstances. Grey & Associates are party wall surveyors, not solicitors, and cannot provide legal advice.
Grey & Associates are specialist party wall surveyors serving Greater London. Learn more about our team.
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