You served a Section 3 or Section 6 notice, gave your neighbour the statutory response window, and now the 14 days are up with no written response.
Or perhaps they've written back to say they dissent, but you're not sure what happens next.
The Party Wall etc. Act 1996 provides a process for this situation. It does not turn silence into consent, and the steps needed before work proceeds depend on the notice, the works and the circumstances.
What does "no response" actually mean under the Act?
If your neighbour fails to provide written consent to a Section 3 or Section 6 notice within 14 days, a deemed dispute can arise under the Act. That is not consent by silence and is followed by the statutory surveyor process. A Section 1 proposal to build a wall astride the boundary is different: written consent is required for the astride option.
The deemed-dispute mechanism is intended to provide a route forward, but it does not remove the need to follow the Act or guarantee a particular timetable or outcome.
What happens when there is a dissent or deemed dispute?
Once a dispute is in place under Section 3 or Section 6, surveyors are appointed to act under Section 10 and draw up a Party Wall Award — a formal document that sets out the conditions under which the works may be carried out.
There are two ways this can happen.
Option 1: An Agreed Surveyor acts for both parties
Both you and your neighbour appoint the same surveyor — known as the Agreed Surveyor — to act impartially. This route uses one surveyor acting for both parties where they agree it is appropriate.
You'll be responsible for the reasonable costs of the Agreed Surveyor, as the building owner carrying out the works. The fee varies with the surveyor's scope, location, complexity and time required, so ask for a written estimate.
Option 2: Each party appoints their own surveyor
You appoint your surveyor, your neighbour appoints theirs, and the two surveyors together prepare the Award. If they cannot agree, a Third Surveyor (selected at the outset) makes the determination.
This route may cost more because you pay your own surveyor and your neighbour's reasonable fees. Ask both surveyors for written estimates and check what work is included.
You cannot be forced into the two-surveyor route against your will. The Act allows you to appoint a surveyor to act for an adjoining owner who has failed to appoint their own within 10 days of a request. This is a statutory appointment mechanism for progressing the dispute where the adjoining owner does not engage.
How long does the process take?
From dissent to Award, the timeline depends on the appointment route, access, inspections, the surveyors' workload and the complexity of the works:
- Agreed Surveyor route: timing is set by the surveyor and the parties' access and information
- Two-surveyor route: timing depends on both surveyors, access, information and any points requiring determination
This is why serving your notice early matters. The statutory notice period still applies, and a dispute may add time before the conditions for works are set. See the full Party Wall process flowchart for the stage-by-stage process.
What does the Party Wall Award actually do?
The Award is a legally binding document. It sets out:
- The works that are authorised
- The hours during which works may take place
- Any special measures to protect the adjoining property
- A Schedule of Condition — a record of the adjoining property's state before works begin, which protects your neighbour from false claims and protects you from exaggerated ones
- The surveyor's fees
Once an Award is made, both parties are bound by it. You can proceed with works on the terms it specifies. If your neighbour causes any interference with works after an Award is in place, they are in breach of the Act.
Can my neighbour appeal the Award?
Yes — within 14 days of the Award being served. Appeals go to the County Court. In practice, appeals are rare, and most are unsuccessful unless there's a genuine procedural error or the Award contains a term that is unreasonable.
What if my neighbour is being difficult?
The Act was designed to deal with exactly this. If your neighbour:
- Refuses to appoint a surveyor after dissenting
- Appoints a surveyor but refuses to cooperate
- Tries to use the process to delay rather than engage
…there are mechanisms at each stage to keep the process moving. You can appoint a surveyor on their behalf if they fail to do so within 10 days of a formal request. The Third Surveyor mechanism can address disagreements between the two appointed surveyors. Whether and when works can proceed still depends on following the Act, the Award and any other applicable requirements.
Proper compliance with the Party Wall etc. Act 1996 provides the statutory route, but it is not a guarantee of a particular timetable or result.
What about a neighbour who simply won't engage at all?
If your neighbour has been served notice, the 14 days have passed, and they're completely unresponsive, you write to them requesting they appoint a surveyor within 10 days. If they still don't engage, you appoint a surveyor to act for them under Section 10(4)(b) of the Act. That surveyor has the same duty of impartiality as any other party wall surveyor — their role is to protect the adjoining owner's interests, even if the adjoining owner won't do it themselves.
Don't let dissent stall your project
A dissent means more paperwork and potentially more cost, but it does not by itself determine the final outcome of the project. The surveyor and Award process is the route the Act provides for resolving the dispute and setting conditions for the works.
If your neighbour has dissented or failed to respond, we can connect you with experienced party wall surveyors who can act as Agreed Surveyor where appropriate.