What silence does to each type of notice
Silence after a notice does not stop your project. It moves the decision out of your neighbour's hands and into a fixed procedure under the Act, and which procedure applies depends on which notice you served.
Party structure notice: section 5
If you served a party structure notice under section 3 and no response arrives within fourteen days, section 5 treats that silence as a dispute. The adjoining owner (the neighbour whose property shares the wall, floor or ceiling affected) has not agreed and has not refused. The Act simply moves you both into the dispute resolution procedure, whether either of you wanted that or not.
Excavation notice: section 6(7)
The same fourteen-day rule applies to an excavation notice served under section 6. Section 6(7) produces deemed dissent on exactly the same terms as section 5: no reply within fourteen days, and a dispute is deemed to have arisen. You can proceed to the next stage without waiting any longer for an answer.
Line of junction notice: section 1(4)
A line of junction notice under section 1 works differently. If your neighbour does not consent within the one-month period, section 1(4) does not create a dispute for surveyors to resolve at all. Instead, it limits you to building the wall wholly on your own land. You can still build; you cannot build astride the boundary without agreement.
What deemed dissent is not
Deemed dissent is not a refusal and it is not a delay you caused. It is the trigger the Act uses to move a party structure notice or an excavation notice into the appointment of surveyors and, eventually, an award under section 10. Whether you need to appoint one yourself, and what that involves, is set out on Do You Need a Party Wall Surveyor?
What silence does to each notice type
Which consequence applies depends entirely on which notice you served. Read the row for your notice type.
| Notice type | Effect of no reply | What it means for your work | What happens next |
|---|---|---|---|
| Party structure notice (section 3) | Deemed dissent under section 5 if no response within fourteen days | You cannot start work on the shared wall until the dispute is resolved | An award under section 10, agreed surveyor or two surveyors appointed |
| Excavation notice (section 6) | Deemed dissent under section 6(7) if no response within fourteen days | Same effect as party structure notice; the dig cannot proceed as notified | An award under section 10, agreed surveyor or two surveyors appointed |
| Line of junction notice (section 1) | No dispute arises under section 1(4) | You are limited to building wholly on your own land | No award and no surveyor appointment is triggered |
This sets out what the Act itself provides for silence under each notice.
How the dispute gets resolved once a surveyor is needed
Once a dispute exists, whether the adjoining owner said no outright or said nothing and fell into deemed dissent, section 10 takes over. It sets out how the dispute gets resolved and does not leave the two sides to negotiate informally.
Choosing how the surveyors are appointed
Section 10(1) gives two routes. The building owner (the person carrying out the work) and the adjoining owner (the neighbour affected by it) can appoint one agreed surveyor between them under section 10(1)(a), or each can appoint their own surveyor under section 10(1)(b).
- Agreed surveyor (section 10(1)(a)): one surveyor acts for both sides.
- Two surveyors (section 10(1)(b)): each owner appoints their own, and the two surveyors then handle the dispute between them.
Section 20 defines a surveyor as any person not being a party to the matter. The only restriction is that neither owner can appoint themselves.
The third surveyor
Where two surveyors are appointed, they select a third surveyor at the outset, before any dispute point actually arises between them. If the two surveyors cannot agree on a matter, either of them can refer it to the third surveyor, whose decision on that point stands.
What the award covers
The surveyor, or the two surveyors together, produce an award under section 10. It sets out the work that can go ahead, any conditions attached to it, and the record of the property's condition before work starts.
Who pays for the award
Section 10(13) leaves the cost of the award itself to the surveyors involved and states no default split. Section 11(1) is separate: it makes the building owner liable for the cost of the works themselves.
Deciding between an agreed surveyor and two separate appointments is a real choice with a cost attached to it. Do You Need a Party Wall Surveyor? sets out how that appointment decision works before you commit to either route.