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What if I don't respond to a party wall notice?

If you have had a party wall notice served on you you must respond in writing within 14 days. If you do not, the party wall et cetera act 1996 states that you have automatically dissented. In this situation, you will need to appoint a surveyor to represent you. Your neighbour or their surveyor will write to you and ask you to let them know the name of your surveyor within 10 days. If you do not respond to this letter, after 10 days your neighbour will appoint a surveyor on your behalf.

The surveyor is there to represent your interests and they along with your neighbours surveyor will select a third surveyor who will be cordon should the two surveyors not be able to agree on any matters. The cost of all the surveyors will normally be paid by the labour having the work done. This could be used if, it appears damage has occurred caused by the works next door.

You do not have to let the surveyors into your property but if no internal schedule of condition is taken, it may be more difficult to prove that damage was caused by the work should that be necessary.

If your neighbour is planning to build an extension they will need to excavate foundations. This may require a section 6 or a section one party wall notice. More about these notices in our next blog.

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