Step 1: wait 14 days
For a party structure notice or an excavation notice, if the neighbour has not consented in writing within 14 days of service, a dispute is treated as having arisen. You do not need to do anything to make that happen; it follows automatically.
For a line of junction notice the position is different. Silence means you may build the new wall only wholly on your own land.
Step 2: try the friendly route
Before anything formal, knock on the door or drop a note through. Often the reply is "I didn't realise I had to answer". Explain the options and offer to share an agreed surveyor.
Step 3: ask them in writing to appoint a surveyor
If there is still no response, you or your surveyor can write formally asking the neighbour to appoint a surveyor. They have 10 days from that request.
Step 4: appointment on their behalf
If they still do nothing within the 10 days, you may appoint a surveyor to act for them. That surveyor must act impartially. They are not your surveyor in disguise, and you will normally pay their reasonable fees.
Then the process carries on as usual
The two surveyors inspect, record the neighbour's property and agree an award. The neighbour receives a copy of the award and keeps the right to appeal it.
Why the formal steps matter
Skipping a step, such as appointing a surveyor before the 10 days have run, can leave the appointment open to challenge. Keep copies of every letter and note the dates.
Common questions
Can I just start work if my neighbour doesn't reply?
No. For shared-wall and excavation work, silence means a dispute, which has to be settled by an award before work starts.
If I appoint a surveyor for my neighbour, who pays?
Usually the building owner, because the work is for their benefit.
Where this comes from in the Act
- Section 5: Disputes arising under sections 3 and 4
- Section 6: Adjacent excavation and construction
- Section 10: Resolution of disputes
Links go to the official text of the Party Wall etc. Act 1996 on legislation.gov.uk.