You've done everything right. You served the notice. You gave your neighbour plenty of time. And now the 14 days are up and there's been no response.
Or perhaps they've written back to say they dissent, but you're not sure what happens next.
Either way, this is not the end of the road. The Party Wall etc. Act 1996 provides a clear process for exactly this situation — and it doesn't give your neighbour the power to stop your project.
What does "no response" actually mean under the Act?
If your neighbour fails to respond to a party wall notice within 14 days, the Act treats this as a deemed dissent. It's legally the same as if they had written back saying they do not consent to the works.
This isn't a loophole. It's a deliberate feature of the Act. A neighbour cannot block a project simply by ignoring the process. The deemed dissent mechanism means the project can still proceed — through the formal dispute resolution route.
What happens when there's a dissent (or deemed dissent)?
Once a dissent is in place, the Act requires that surveyors are appointed to act on behalf of both parties and to draw up a Party Wall Award — a formal legal document that sets out the conditions under which the works are to 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 is the most common and most cost-effective route. One surveyor, one Award, lower overall cost.
You'll be responsible for the reasonable costs of the Agreed Surveyor, as the building owner carrying out the works. Fees for a straightforward case typically range from £900–£1,500, though this varies with complexity and location.
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 costs more — you pay your own surveyor and your neighbour's reasonable fees. Total costs in this scenario can range from £1,800 to £3,500 or more for a standard project.
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 avoids your project being held hostage by a neighbour who won't engage.
How long does the process take?
From dissent to Award, the typical timeline is:
- Agreed Surveyor route: 3–6 weeks after surveyors are appointed
- Two-surveyor route: 6–10 weeks, sometimes longer if the relationship is difficult
This is why serving your notice early matters. If you allow only the statutory minimum notice period and your neighbour then dissents, you could be waiting 2–3 months from the date you first served notice before works can legally start. See the full Party Wall process flowchart for the stage-by-stage timeline.
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 breaks deadlocks between the two appointed surveyors. And ultimately, the Act provides that you can carry out works regardless of any dispute, provided the process has been properly followed.
No neighbour — however difficult — can stop a project that is properly compliant with the Party Wall etc. Act 1996.
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 more cost — but it doesn't mean your project is blocked. Surveyors who understand the Act can navigate the process efficiently and get you to an Award with minimum delay. Around 45% of notices result in consent — for the rest, the Award process is simply the route the Act lays out.
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.