If your neighbour does not respond to your party wall notice, do not automatically assume you can start work. The result depends on whether the notice concerns an existing party structure, a new wall at the boundary, or excavation.
Existing party wall work: no reply after 14 days
For notices about work to an existing party wall or structure under section 3, the adjoining owner normally has 14 days from service to give written consent. If written consent is not given, a dispute is treated as having arisen under the Act. The statutory surveyor process may then be needed; silence is not permission to proceed.
New wall wholly on your own land
For a new wall built wholly on the building owner's land up to the line of junction, the government's guidance explains that a neighbour's silence does not itself prevent work beginning once the required one-month notice period has elapsed, subject to the Act and any other relevant rights or requirements. This is different from work to a shared party wall.
New wall astride the boundary
To build a new wall astride the line of junction as a party wall, the adjoining owner's written consent is required. If it is not given within 14 days, the building owner must instead build the wall wholly on their own land, in line with the statutory rules. Silence does not count as agreement.
Excavation near a neighbour's building
For a qualifying excavation under section 6, no written consent after 14 days can mean a dispute has arisen. The exact works, notices and drawings need careful review. This website does not automatically create excavation notices.
Before deciding your next step
- Make sure notice was actually served correctly and keep evidence of the date.
- Confirm which section of the Act your notice invokes.
- Check whether more than one adjoining owner had to receive notice.
- Never treat a lack of reply as written consent for a wall astride a boundary.
- Where a statutory dispute arises, consult the government's procedure and surveyor guidance.
Still preparing a notice? Start with our free notice-template guide, or use the guided builder for supported notices.
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