What happens if you have not received a response to your Notice?
Whether we have served Notice for you for free, or you have served your own Notice, you will no doubt be keen to get a response.
There are three Sections of the Act which require the serving of a Notice.
A Section 2 Notice relates to work being undertaken to the Party Wall or in some cases, the Adjoining Owner’s wall. A Section 6 Notice relates to excavation. Notices served under these two sections are similar in the sense that the Adjoining Owner has 14 days to respond and if you do not receive a written response then there is a ‘deemed dispute’.
The next step is to send a Ten Day Notice giving the Adjoining Owner ten days to appoint a Surveyor. If the Adjoining Owner does not appoint a Surveyor, then you are at liberty to do so on his / her behalf. Our view is that should the Adjoining Owner give his / her written consent within this ten day period, then this overrides the deemed dispute.
Section 1 relates to boundaries and building up to or over the boundary. If you have served a Notice under Section 1 of the Party Wall Act then Section 1(8) states ‘where any dispute arises’ it is to be determined in accordance with Section 10.
The unique thing about Section 1 work is that there is no ‘deemed dispute’ and therefore if you do not receive a response to a Notice, there is no requirement to send a further Ten Day Notice. However, if you were wanting to build a wall astride the boundary as per Section 1(2) then you require written consent. Failure to obtain this will mean that you must construct the wall wholly on your own land.
We provide our clients with as much information as possible about the Party Wall process. We serve Notices for free and this includes serving Ten Day Notices. You are welcome to contact us should you require our services or have any queries.