Once the Party Wall Notice has been served on the adjoining owner, it is highly likely that at some point you will receive that owner’s response.
The formal responses you can receive are:
1) The adjoining owner can Consent
2) The adjoining owner can Dissent
However, what happens if you receive no reply from the adjoining owner?
There are a number of reasons for which an adjoining owner may not respond to the Party Wall Notice, however in our experience these commonly tend to be:
- They do not live at the property
- They haven’t had the chance to respond
- They do not understand that response was required
Once served, the Party Wall Notice has a 14 day response period.
After that period, the adjoining owner is deemed to have dissented, however under the Party Wall etc Act 1996, in order to progress matters, when no response is received you will then need to serve a further Party Wall Notice.
This Party Wall Notice is commonly referred to as a Section 10(4) Notice.
The 10(4) Party Wall Notice gives the adjoining owner a further and final 10 days to respond.
Upon expiry of the 10 day period, you are then able to appoint a surveyor on their behalf to ensure matters are progressed and your proposed work is not delayed as a result of the absentee or non responsive adjoining owner.
If you have served a Party Wall Notice upon the adjoining owner and they have not responded, rather than serving your own Section 10(4) notice, we would recommend contacting us at the first instance as it is vital to ensure that the initial Party Wall Notice is valid.