The Truth about Ignoring a Party Wall Notice

A ginger neighbour doing his best to ignore a Party Wall notice, served by RMA Surveyors.

So, you want to know the truth about ignoring a party wall notice? Under the Party Wall Act 1996, adjoining owners must respond to notices about proposed works on shared walls or boundaries. But what happens if they ignore the notice? As a building owner, understanding the legal process ensures you can proceed with your project while complying with the Act. This guide explains your rights and the next steps.

Why Is a Party Wall Notice Important?

A Party Wall Notice informs the adjoining owner of works that could affect a shared structure, such as:

  • Building or extending walls on the boundary line.
  • Excavating near an adjoining property.
  • Altering, repairing, or demolishing a party wall.

It gives the adjoining owner 14 days to respond. Their options are to consent, dissent, or request further information. If they fail to respond, the law assumes dissent, triggering dispute resolution.

Learn more about the Party Wall Act.

What Happens if you go on ignoring a party wall notice?

When the adjoining owner doesn’t respond, the process moves forward as follows:

Step 1: Appointment of a Surveyor

As the building owner, you can appoint a surveyor for the adjoining owner if they fail to respond. Alternatively, you can propose a single surveyor to act impartially for both parties.

Step 2: Party Wall Award

The surveyor(s) will create a Party Wall Award, which is a legally binding document. It outlines:

  • The scope and timeline of the works.
  • Rights and responsibilities of both parties.
  • Provisions for dispute resolution during the project.

The Party Wall Award ensures your project complies with the law and protects the interests of both parties. Contact RMA Surveyors for professional guidance on Party Wall Awards.

Step 3: Proceeding with the Works

Once the award is served, you can legally begin the works as specified. Ignoring the Party Wall process or proceeding without compliance can result in delays, fines, or legal disputes.

Risks of Ignoring a Party Wall Notice

For the adjoining owner, failing to respond carries risks:

  • Their rights may be determined without their input.
  • They could miss the opportunity to negotiate or request adjustments.
  • The building owner can proceed under the Party Wall Act.

For building owners, ignoring the Act can lead to fines, delays, or disputes. Professional advice ensures compliance and smooth project execution.

How RMA Surveyors Can Help

At RMA Surveyors, we specialize in Party Wall matters, helping clients navigate the process with ease. Our services include:

  • Drafting and serving Party Wall Notices.
  • Acting as a Party Wall Surveyor for building or adjoining owners.
  • Preparing detailed and compliant Party Wall Awards.

With our expertise, you can avoid legal complications and ensure your project stays on track.

Learn more about our Party Wall Services.

If you’re dealing with a Party Wall issue, let RMA Surveyors guide you. Contact us today to ensure your project complies with the Party Wall Act 1996.

Further Reading

  • The Party Wall etc. Act 1996: Explanatory Booklet
    This UK Government booklet provides detailed guidance on the Party Wall Act, explaining how it affects building owners and adjoining owners.
  • Party Wall Legislation and Procedure
    The Royal Institution of Chartered Surveyors (RICS) offers insights into the roles and responsibilities of party wall surveyors, along with procedures under the Act.
  • Party Walls and Building Work
    This UK Government page outlines when and how to notify neighbours about building works on party walls, including guidance on agreements and dispute resolution.