At Graham Kinnear Property Consultant (grahamkinnear.com), we answer what happens if my neighbour ignores a party wall notice. We specialise in party wall matters throughout England and Wales namely those works which are covered by the Party Wall Etc Act 1996. If you’re planning a building or renovation project that involves a shared wall, boundary, or structure with a neighbouring property, understanding your responsibilities under the Party Wall Act 1996 is crucial. Engaging a party wall surveyor is essential for ensuring that your project complies with legal requirements, protects your property rights, and maintains good relations with your neighbours.
If you are planning a loft conversion, rear or side extension, removal of a chimney breast or even a new build dwelling then you are likely to need to comply with the Party Wall Etc Act 1996. Contact one of our experienced surveyors for free, no obligation, initial advice either by telephone or email.
If you’re planning construction work that might affect a shared wall, boundary, or structure, you’re legally required to serve a party wall notice to your neighbour under the Party Wall etc. Act 1996. But what happens if my neighbour ignores a party wall notice? What steps should you take? Understanding the process and your legal options is crucial for ensuring that your building project proceeds smoothly and without legal complications.
In this article, we’ll cover what happens when your neighbour ignores a party wall notice and what you can do to protect your rights and interests.
What Is a Party Wall Notice?
A party wall notice is a formal notification that you, as the property owner, must serve to your neighbour when planning any construction or renovation work that may impact a party wall (a shared wall between two properties), boundary lines, or foundations. The notice must be served at least two months before the work starts, allowing your neighbour time to consider the work and respond.
Under the Party Wall etc. Act 1996, your neighbour has 14 days to respond to the notice. If they do not respond within that time, there are specific procedures to follow to ensure compliance with the Act.
What Happens If my Neighbour Ignores the Party Wall Notice?
If your neighbour ignores the party wall notice, you can still proceed with your planned work, but you will need to follow the proper legal procedures to protect both parties. Here’s what happens next:
1. Deemed Consent – What Does It Mean?
Under the Party Wall etc. Act 1996, if your neighbour does not respond to the notice within 14 days, their lack of response is treated as “deemed consent.” This means that they are considered to have no objections to the proposed work, and you are legally allowed to proceed.
However, deemed consent does not mean you can begin immediately; there are still steps you must take before starting the work.
2. Appointment of a Party Wall Surveyor
If your neighbour ignores the notice, you must appoint a party wall surveyor to proceed with the work. Even if your neighbour doesn’t object, a surveyor will act to ensure that the work is carried out in compliance with the law and to protect both parties’ interests.
- Joint Party Wall Surveyor: If your neighbour has also failed to appoint a surveyor, you can proceed with a joint party wall surveyor, who will act impartially for both parties.
- Separate Surveyors: Alternatively, if you and your neighbour each appoint your own surveyor, the surveyors will collaborate and work together to create a party wall award.
3. Creating a Party Wall Award
The party wall award is a legally binding document that outlines:
- The specific work to be done.
- How the work will be carried out.
- Any precautions needed to prevent damage to your neighbour’s property.
- The schedule for the work.
- How any potential damage will be repaired.
Even if your neighbour ignores the notice, the surveyor will prepare and issue this award, ensuring that the work is done legally and with the neighbour’s property in mind.
4. What If the Neighbour Continues to Ignore the Process?
If your neighbour still does not engage with the process, it does not prevent the work from going ahead. The party wall surveyor will make the necessary decisions and issue a party wall award without their involvement.
In the worst-case scenario, where your neighbour actively obstructs the process or disputes the award, you may need to seek legal advice to resolve the matter. However, most disputes are resolved through the surveyor’s mediation.
What Are the Legal Implications for Your Neighbour?
If your neighbour ignores the party wall notice, they may not realise that they are still legally entitled to:
- Compensation for damage: If the work causes any damage to their property, the party wall award will specify how this will be handled, including potential compensation.
- Control over the work: Though they may have ignored the notice, they still have the right to be informed of the work and its impact on their property, especially regarding safety and protection.
- Surveyor Costs: If your neighbour continues to ignore the notice, they may be responsible for contributing to the costs of the surveyor, especially if they were given the chance to appoint their own.
Key Takeaways: What to Do if my Neighbour Ignores a Party Wall Notice
- Serve the Party Wall Notice Properly: Ensure that your notice is served according to the legal requirements, allowing your neighbour time to respond.
- Deemed Consent: If your neighbour ignores the notice, they are deemed to have consented, but you still need to appoint a party wall surveyor.
- Appoint a Surveyor: If your neighbour doesn’t respond, you can appoint a joint party wall surveyor or hire separate surveyors for both parties.
- Prepare a Party Wall Award: The surveyor will issue a party wall award, which will legally allow your construction work to begin.
- Legal Action: If the situation escalates, legal action may be necessary, but this is rare and can usually be avoided with the help of a surveyor.
Conclusion: What to Do If Your Neighbour Ignores a Party Wall Notice
If your neighbour ignores your party wall notice, it can cause frustration, but it doesn’t prevent you from moving forward with your building project. By following the Party Wall etc. Act 1996 procedures and engaging a party wall surveyor, you can still proceed with your work legally and without delay.
Ignoring the notice doesn’t absolve your neighbour of their rights or responsibilities. The appointment of a surveyor and the creation of a party wall award ensures that both parties are protected throughout the process.
To avoid issues or delays, it’s always best to communicate clearly with your neighbour early on, and if needed, seek professional advice from a party wall surveyor.
The Party Wall Process in 76 Seconds! from Graham Kinnear on Vimeo.
Our principal surveyor is a Chartered Building Engineer and Chartered Construction Manager who is also a Fellow of the Faculty of Party Wall Surveyors, Member of the Party Wall Academy and the Pyramus & Thisbe Society which exists to promote party wall excellence. As well as these industry qualifications, we have many years experience in this specialist field.
We cover the whole of England and Wales for Party Wall Matters and are therefore regularly engaged in projects in your area.
In order that we can provide you with the help you need please select which of the following two party wall scenarios apply:
I am wanting to undertake work which may invoke the Party Wall Act
OR
My neighbour is planning to undertake work which may invoke the Party Wall Act.