The short answer
Silence is not consent. If your neighbour does not respond to a party wall notice, you usually cannot simply start work. For most notices a dispute is “deemed” to have arisen once the response period passes, and you must follow the dispute resolution procedure — normally a 10-day letter and, if needed, appointing a surveyor on their behalf.
Why it matters
The correct next step depends on which notice you served:
- For work to a party structure (section 3) or a notifiable excavation (section 6), the adjoining owner usually has 14 days to respond. If they do nothing, a dispute is deemed to have arisen and must be resolved under the Act.
- For a wall built wholly on your own land up to the boundary (section 1), you may usually proceed once the one-month period expires with no objection.
- To build a wall astride the boundary you need the adjoining owner’s express consent. Silence never gives you the right to build on someone else’s land.
What to do now
- Identify exactly which notice you served and which period applies.
- Where a dispute is deemed, send a 10-day letter stating that a valid notice was served, no response was received in time, a dispute is deemed to have arisen, and the adjoining owner has 10 days to appoint a surveyor — failing which one may be appointed on their behalf under section 10(4).
- Remind them they can still consent, appoint their own surveyor, or agree to one agreed surveyor.
- Keep proof of postage or delivery — a clear paper trail matters.
- If the 10 days pass with no reply, appoint a surveyor on their behalf under section 10(4) so the process is not stalled by silence.
Common mistakes
- Assuming no reply means consent and starting work.
- Treating silence as permission to build astride the boundary.
- Sending a 10-day letter with no proof of service.
- Believing the surveyor appointed under section 10(4) becomes the neighbour’s agent — the role stays statutory and impartial.
When to call Coburns
If your notice has gone unanswered, send us the notice and the key dates. We will confirm the correct next step and handle the 10-day letter and any section 10(4) appointment for you.