If you are planning construction work that affects a shared boundary or structure, you may need to serve a party wall notice to your neighbours under the Party Wall etc. Act 1996. This legal framework is designed to prevent disputes and ensure that both you and your neighbours are aware of the work being carried out.
But what happens if your neighbour ignores the party wall notice? Many homeowners find themselves in this situation, unsure of how to proceed when a response is not received. This guide will explain the steps you need to take, how the law protects you, and how to keep your project moving forward while staying compliant with legal requirements.
Contents
What is a Party Wall Notice?
A party wall notice is a formal document that informs your neighbours about planned construction work that could affect a shared structure or boundary. It must be served at least two months before work begins and provides details of the proposed construction.
The notice applies to a variety of building projects, including:
- Loft conversions requiring the insertion of steel beams into a shared wall
- Extensions that involve building on or near the boundary line
- Basement excavations within three to six metres of a neighbouring foundation
- Structural work that alters a party wall, such as removing a chimney breast
Once served, the neighbour has 14 days to respond. They can either consent to the work, dissent and appoint a surveyor, or ignore the notice entirely. If they do not respond, this triggers specific legal procedures.
Why Might a Neighbour Ignore a Party Wall Notice?
There are several reasons why a neighbour may refuse or not respond to a party wall notice:
- They do not understand the legal implications and believe ignoring it will prevent the work from proceeding.
- They are indifferent to the construction work and assume their consent is not necessary.
- They are unsure of how to respond or are delaying their decision.
- They have concerns about the project but are avoiding communication.
Regardless of the reason, an ignored party wall notice is treated as a dissent under the Party Wall etc. Act, meaning further action is required.
What Happens If There is No Response?
If your neighbour does not respond within 14 days, they are legally considered to have dissented. This means a party wall surveyor must be appointed to handle the agreement.
Step 1: Sending a Reminder
Before taking formal action, it is good practice to send a polite reminder. Some neighbours may not have fully understood the notice or may have misplaced it. Sending a follow-up letter or speaking to them in person can help clarify any confusion and encourage a response.
Step 2: Appointing a Party Wall Surveyor
If no response is received after 14 days, you must appoint a party wall surveyor to act on behalf of your neighbour. This is allowed under the Party Wall etc. Act 1996 to ensure that the process continues even if the neighbour is uncooperative.
In this case, two options are available:
- You and your neighbour each appoint your own surveyors, who then work together to create a party wall award.
- You both agree to use a single surveyor who acts impartially for both parties.
If your neighbour continues to ignore the process, you are legally permitted to appoint a surveyor on their behalf to avoid unnecessary delays.
Step 3: Creating a Party Wall Award
Once a surveyor is appointed, they will carry out a site inspection and prepare a legally binding document known as a party wall award. This document outlines:
- The scope of the work to be carried out
- How the work will be conducted to prevent damage to the neighbouring property
- A schedule of condition, which documents the existing state of the neighbour’s property before work begins
- Methods for resolving disputes should any issues arise
Once the party wall award is finalised, both you and your neighbour will receive a copy. The document provides protection for both parties and ensures that the work can proceed within the legal framework.
Step 4: Proceeding with Construction
Once the party wall award is in place, you are legally allowed to begin construction work as outlined in the agreement. Your neighbour cannot stop the work from proceeding, provided all terms set out in the award are followed.
Can My Neighbour Object to the Work?
Even if your neighbour does not respond to the initial notice, they still have rights under the Party Wall etc. Act. They cannot prevent you from carrying out legally permitted construction, but they can raise concerns about how the work is conducted.
If disputes arise after the award has been issued, they must be resolved through the party wall surveyor rather than direct legal action. The surveyor’s role is to act impartially and ensure that both parties are treated fairly.
What Are the Risks of Ignoring the Party Wall Act?
If you fail to follow the correct legal procedures under the Party Wall etc. Act, your project could face serious setbacks. Ignoring the requirement to serve a notice or appoint a surveyor when necessary could lead to:
- Delays in construction due to legal disputes
- Potential injunctions preventing work from continuing
- Liability for any damage caused to the neighbouring property
- Additional legal costs if the dispute escalates
By following the correct procedures and consulting a party wall surveyor such as Simmons Taylor Hall, you can avoid these issues and ensure that your project remains legally compliant.
How to Prevent Problems with Party Wall Notices
To reduce the likelihood of issues arising, consider the following steps when planning construction work that requires a party wall notice:
- Communicate Early – Speak with your neighbour before serving the notice to explain the work and address any concerns.
- Provide Clear Information – Ensure that the notice contains all necessary details about the project to prevent misunderstandings.
- Follow Up Promptly – If your neighbour does not respond, send a reminder before taking further legal steps.
- Use a Professional Surveyor – Working with an experienced party wall surveyor ensures that the process is handled correctly and reduces the risk of disputes.
Final Thoughts
If your neighbour ignores a party wall notice, it does not mean your project is at a standstill. The law provides clear steps to follow, allowing you to appoint a surveyor on their behalf and continue with the necessary agreements.
By handling the process professionally and ensuring compliance with the Party Wall etc. Act 1996, you can proceed with your construction work while maintaining good neighbourly relations and avoiding unnecessary legal complications.