Neighbour Ignores a Party Wall Notice – What Happens?

If you’re planning to carry out work on or near a shared boundary and your neighbour ignores a Party Wall Notice, it can feel frustrating and uncertain. However, the Party Wall etc. Act 1996 lays out clear legal procedures for what happens next.

This article provides a step-by-step guide to what to do if your neighbour fails to respond to your Party Wall Notice - and how to keep your project legally on track.

What is a Party Wall Notice?

A Party Wall Notice is a formal notification served by a building owner to an adjoining owner (typically a neighbour), informing them of proposed works that fall under the scope of the Party Wall etc. Act 1996. This includes:

Building on or at the line of junction (boundary line)

Altering, repairing, or demolishing a party wall or structure

Excavating within three or six metres of neighbouring foundations, depending on depth

A valid notice gives the neighbour 14 days to either:

Consent to the works,

Dissent and appoint a surveyor, or

Do nothing.

It’s the third option - silence - that triggers a specific legal consequence.

What Happens If a Neighbour Ignores a Party Wall Notice?

1. A Dispute is Automatically Deemed to Have Arisen

Under Section 5 of the Party Wall etc. Act 1996, if an adjoining owner does not reply to a Party Wall Notice within 14 days, the law considers this a deemed dissent. This automatically triggers a dispute, even if the neighbour has not formally objected.

This is not a dead end - it actually sets in motion the dispute resolution process.

"If an owner on whom a party structure notice or a counter notice has been served does not serve a notice indicating his consent [...] he shall be deemed to have dissented from the notice and a dispute shall be deemed to have arisen between the parties."
Section 5, Party Wall etc. Act 1996

2. A Surveyor Must Be Appointed

Once a dispute is deemed to have arisen, both parties are required to appoint a surveyor under Section 10 of the Act.

If the neighbour fails to appoint a surveyor within 10 days of being requested to do so, the building owner can appoint one on their behalf.

Alternatively, both parties may agree to use a single ‘agreed surveyor’ instead of each appointing their own.

This mechanism ensures that a neighbour cannot delay or obstruct works indefinitely by simply ignoring the notice.

3. A Party Wall Award is Made

Once surveyors are appointed, they prepare a Party Wall Award. This legally binding document sets out:

The work to be done

How and when it will be carried out

Access arrangements

Who pays what costs (usually the building owner)

Provisions for protection and damage repair

The award protects both parties - ensuring the building owner can proceed, and the neighbour has safeguards in place.

4. Work Can Proceed Once the Award is Served

After the Party Wall Award is agreed and served, the building owner may legally begin the notifiable works, provided:

The notice period has elapsed (typically one month or two months, depending on the type of work), and

There is no appeal made to the county court within 14 days of the award being served.

Even if the neighbour remains silent throughout, they are still bound by the award.

Key Timeframes to Remember

Neighbour must respond to notice	14 days
Neighbour must appoint a surveyor after request	10 days
Surveyors to prepare and serve Award	As soon as practicable
Appeal window after Award served	14 days

Common Misunderstandings

“If they don’t respond, I can go ahead anyway.”

No - the lack of a response is not a green light. It results in a deemed dispute, which requires formal resolution through the appointment of surveyors and the issuance of a Party Wall Award.

“They can block the work by ignoring me.”

Also false. The Act is structured to prevent obstruction through silence. If the adjoining owner fails to respond or appoint a surveyor, you can do it for them - and progress the award regardless.

Why Silence Doesn’t Stop You - But the Process Must Be Followed

The key principle of the Act is balance. It grants the building owner legal rights to undertake works, but also gives the adjoining owner protections. If a neighbour chooses not to engage, that doesn’t invalidate the process - it just means their opportunity to input is lost.

However, skipping formal steps because a neighbour ignores you is risky. You must:

Ensure valid service of the notice

Wait the statutory response period

Appoint surveyors properly

Wait for the Award to be served and the appeal period to expire

Failing to do so can expose you to legal challenge, injunctions, or claims for trespass and damage.

What If the Neighbour Can’t Be Found?

If you're unable to locate the adjoining owner, you can serve the notice addressed to “The Owner” and fix it to a conspicuous part of the premises, as allowed under Section 15 of the Act. This ensures the legal process can still proceed even if the neighbour is absent.

What Happens If the Neighbour Appeals?

An adjoining owner has 14 days after being served with the Party Wall Award to appeal it in the County Court. Grounds for appeal are limited and usually relate to procedural flaws or unreasonable terms. If no appeal is made, the award becomes final and binding.

What Are the Consequences of Skipping the Process?

Attempting to begin work without following the Party Wall Act procedure - even if the neighbour ignores your notice - can lead to:

An injunction stopping your work

A claim for trespass

Liability for damage without any protection

Court orders to undo the works

Significantly increased legal costs

Do You Still Need a Party Wall Surveyor?

Yes - once the neighbour fails to respond and a dispute is deemed to exist, you cannot proceed unilaterally.

A surveyor must be appointed (either mutually or separately) and an award made. Trying to proceed without one can expose you to enforcement and litigation.

FAQs: Neighbour Ignores a Party Wall Notice

What happens if my neighbour ignores the Party Wall Notice?

After 14 days, a dispute is deemed to have arisen, and you must appoint a surveyor to resolve it under Section 10 of the Act.

Can I appoint a surveyor for them?

Yes. If they fail to appoint a surveyor within 10 days of being requested to, you may appoint one on their behalf.

Do I need to stop work while I wait?

Yes. You must not begin notifiable works until the surveyors have issued a Party Wall Award and the appeal period has passed.

Can my neighbour block the work by ignoring the notice?

No. Their silence triggers a default legal process - it doesn’t give them veto power.

Can I serve notice again if I made a mistake?

Yes - if a notice was not validly served (e.g. missing information or wrong address), you can serve a corrected notice and restart the clock.

What if they come back after ignoring the notice?

They are still bound by the award and cannot prevent works once the process has been lawfully completed.

Final Thoughts - Neighbour Ignores a Party Wall Notice

If a neighbour ignores a Party Wall Notice, you’re not stuck - but you do need to handle the next steps carefully and lawfully.

The Party Wall etc. Act 1996 is designed to ensure that development can proceed while protecting neighbours’ interests. The key is to follow the procedure exactly: serve notices, appoint surveyors, wait for the award, and only then proceed.

Even if your neighbour never replies, the law gives you a clear route forward - just make sure you walk it properly.

Get in Touch

If you need help or guidance on any aspect of Party Walls, our expert surveyors can help. We provide clear advice, efficient service, and compliant documentation to support your project every step of the way.

For advice direct from one of our Surveyors, please call our Enquiry line on 020 4534 3135.

If you would rather we called you instead, please fill in our Contact form and we will be in touch.

For a quick online quote for Party Wall advice, send us the details of your project. For more articles on all aspects of the Party Wall Act see our blog.

For advice direct from one of our Surveyors, please call our Enquiry line on 020 4534 3135.

If you are planning work that is covered by the Act, or if you have received notice of work from a neighbour and want advice on how best to protect your property please contact: