If you’re planning construction work near or on a shared boundary, you may already know about the importance of serving a party wall notice. But what happens when your neighbour simply doesn’t respond? A lack of response can be frustrating, especially when you’re keen to move forward with your project. This blog will explain what steps you need to take and how you can still proceed while staying compliant with the Party Wall etc. Act 1996.
What is a Party Wall Notice?
A party wall notice is a legal requirement under the Party Wall etc. Act 1996. It informs your neighbours (known as adjoining owners) of your intention to carry out building work that may affect a shared wall, boundary, or structure. Common examples include loft conversions, extensions, or basement excavations.
The notice must be served at least two months before work begins and should include details of the proposed work, the expected start date, and your contact information. Your neighbours then have three options:
- Agree to the works.
- Dissent and appoint a surveyor.
- Ignore the notice.
The third option, unfortunately, is not uncommon, and it can create delays if not handled correctly.
Why Would a Neighbour Ignore a Party Wall Notice?
There are several reasons why a neighbour might not respond to a party wall notice. These include:
- Lack of understanding: They may not fully understand what the notice means or the importance of responding.
- Disinterest: Some neighbours might assume that ignoring the notice won’t impact the project.
- Avoidance: They could be worried about potential disruptions or conflicts but don’t know how to voice their concerns.
- Negligence: In some cases, neighbours might simply forget or neglect to respond within the 14-day window.
Regardless of the reason, it’s important to follow the correct procedures to avoid legal complications.
What Happens When There’s No Response?
If your neighbour fails to respond to the party wall notice within 14 days, the situation moves into what’s known as a “deemed dissent.” This doesn’t mean your project is at a standstill. Here are the steps you should take:
1. Send a Reminder
Before taking formal action, it’s often a good idea to send a polite reminder. Include a copy of the original notice and a brief explanation of why their response is important. Sometimes, this nudge is enough to get things moving.
2. Appoint a Surveyor on Their Behalf
If there is still no response after the reminder, the next step is to appoint a surveyor on behalf of your neighbour, under the Party Wall etc. Act 1996, you are legally allowed to do this.
The surveyor you appoint will act impartially, representing the interests of both parties. They will work with your own surveyor (if you have one) to draft a party wall award. This document outlines the details of the work, any necessary precautions, and how potential disputes will be resolved.
3. Draft a Party Wall Award
Once the surveyors are appointed, they will prepare the party wall award. This legally binding document ensures that your construction work can proceed while protecting both you and your neighbour from potential disputes. The award will include:
- A description of the proposed work.
- Conditions to minimise risks or damage.
- A schedule of conditions for your neighbour’s property (to document its state before work begins).
- Procedures for resolving disputes.
4. Serve the Party Wall Award
After the award is finalised, it will be served to both you and your neighbour. If your neighbour continues to ignore communications, the award will still be valid, allowing you to begin work as planned.
Can a Non-Responsive Neighbour Delay Your Project?
While a neighbour’s lack of response can initially cause delays, the Party Wall etc. Act 1996 provides clear steps to ensure your project isn’t indefinitely stalled. By appointing a surveyor on their behalf and securing a party wall award, you can proceed lawfully and minimise disruptions.
However, it’s important to act promptly. Any delays in serving notices, appointing surveyors, or drafting the award can push back your construction timeline. Working with experienced party wall surveyors can help you navigate the process efficiently.
What Are Your Legal Obligations?
Even if your neighbour doesn’t respond, you still have legal obligations under the Party Wall etc. Act 1996. These include:
- Serving Proper Notice: Ensure the initial notice was served correctly, either in person, by post, or via email (if previously agreed).
- Following Procedures: Appoint a surveyor and proceed with the award process if there’s no response.
- Abiding by the Award: Once the party wall award is issued, you must adhere to its terms and conditions.
Skipping these steps can leave you vulnerable to legal challenges or claims for damages.
Tips for Avoiding Non-Response Issues
While you can’t control how your neighbour will react, there are ways to reduce the chances of non-response:
1. Communicate Early
Before serving the notice, have an informal conversation with your neighbour. Explain the planned work and how it might affect them. This personal approach can help them feel more comfortable and informed.
2. Provide Clear Information
When serving the notice, include all necessary details and offer to answer any questions. A well-prepared notice can prevent confusion and encourage a response.
3. Work with Professionals
Hiring a qualified party wall surveyor from the outset can streamline the process. They can ensure the notice is correctly drafted and served, reducing the likelihood of disputes or misunderstandings.
Why Choose A Professional?
Find a party wall surveyor near me? — For your trusted choice for reliable and professional service. Those who specialise in navigating complex party wall matters, including cases where neighbours refuse to respond. They have experienced surveyors can handle every aspect of the process, from serving notices to securing party wall awards. We’ll guide you through the legal requirements, ensuring your project stays on track and fully compliant with the Party Wall etc. Act 1996.
Conclusion
When a neighbour refuses to respond to a party wall notice, it can feel like an insurmountable hurdle. However, by following the correct procedures and working with expert surveyors, you can resolve the issue and proceed with your construction plans.
Remember, ignoring the problem isn’t an option. Taking the right steps ensures your project remains lawful, avoids unnecessary disputes, and protects your investment. If you’re facing challenges with a party wall notice, contact us today for expert advice and support. Let us help you navigate the process smoothly and efficiently.