If you receive a Party Wall Notice and do not respond within the required timeframe, the law does not simply “pause” the process. What happens next depends on which type of notice you received, but in most cases a missed deadline will trigger the Act’s formal dispute-resolution procedure—even if you haven’t objected in principle.
This article explains the consequences, the typical timeline, and what to do if you’ve realised you’re late.
1) First: what type of notice did you receive?
Party Wall Notices are served for different categories of work. The response rules are not identical, so it’s important to identify which notice you’ve been given:
A) Party Structure Notice (works to an existing party wall/party structure)
This covers works such as cutting in for beams, raising a party wall, underpinning, or other works directly affecting the shared structure (typically under sections 2 and 3 of the Act).
B) Notice of Adjacent Excavation (excavations near your foundations)
This covers excavations within prescribed distances and depths near your building (section 6).
C) Line of Junction Notice (new wall at or astride the boundary)
This covers building a new wall up to the boundary, or asking to build astride the boundary (section 1).
2) The key deadline: the 14-day response window
In simple terms, you are expected to reply promptly. Government guidance is clear that you should not assume that no response means agreement, and a dispute procedure can start if you fail to respond within the time allowed.
If you miss the 14 days for party wall works or excavation notices
For party structure notices (and counter notices), the Act states that if you do not serve a notice indicating consent within 14 days, you are deemed to have dissented and a dispute is deemed to have arisen.
Government guidance also explains that where there is no written consent within 14 days in relation to party wall works (section 2) or excavation notices (section 6), the matter proceeds to the dispute-resolution route under the Act.
Practical meaning: even if you are not “objecting”, the law may treat the lack of response as a formal dissent, which triggers surveyor involvement.
If you miss the 14 days for a “build astride the boundary” request
This is different. If your neighbour wants to build a new wall astride the boundary, and you do not consent within the 14-day period, the building owner may only build the wall wholly on their own land (and at their own expense).
So, in that scenario, your silence can remove their ability to build astride the line—rather than automatically forcing a surveyor dispute in the same way.
3) What happens next if you miss the deadline?
Step 1: A dispute is “deemed” (in most party wall / excavation cases)
If you’ve missed the 14 days on a party structure or excavation-related notice, the file usually moves into the dispute process under section 10.
Step 2: You may receive a further request giving you 10 days to appoint a surveyor
Once a dispute exists, the Act allows a party to serve a request requiring the other party to appoint a surveyor. If the other party neglects to appoint for 10 days beginning with the day the request is served, the requesting party may appoint a surveyor on their behalf.
This is the mechanism that prevents the process being stalled by silence.
Step 3: If you still do nothing, a surveyor can be appointed for you
If you ignore the 10-day request, a surveyor can be appointed on your behalf so the matter can proceed to an Award.
This does not mean you “lose” protection under the Act—but it can mean you lose the chance to choose a surveyor you feel comfortable with.
4) Have you lost your rights if you missed the deadline?
Not usually—but your control over the process may reduce.
Even if you’ve missed the initial 14-day window, you can often still:
- engage with the process promptly once you realise,
- provide information to the surveyor(s),
- request sensible safeguards (working hours, protection, access controls),
- ensure a Schedule of Condition is carried out before works start.
The key is to act quickly once you know you’re late.
5) Can you “fix it” by consenting late?
Sometimes, but it depends on timing and cooperation.
- If the building owner has not yet escalated matters, a late written consent may still be accepted in practice.
- However, once a dispute is deemed and surveyor steps are underway, many building owners prefer to proceed with an Award for certainty, particularly where the works are structural or excavation-related. Government guidance anticipates surveyor resolution where there is no written consent within the 14-day period.
The safest assumption is: late consent may not “undo” the dispute pathway, but it can still help keep the process cooperative and proportionate.
6) What you should do immediately if you’ve missed the response timing
1) Respond in writing straight away
Even a short email is better than silence. Confirm:
- you have received the notice,
- whether you are content in principle,
- that you want to discuss safeguards / surveyor options.
2) Ask for the key documents if they weren’t included
Request drawings, structural details, and excavation information (if relevant). Lack of clarity is a major reason people dissent.
3) Decide whether you want:
- One Agreed Surveyor, or
- Two Surveyors (one each)
If you are uneasy, appointing your own surveyor can be the more comfortable route.
4) If you’ve received a 10-day request, don’t ignore it
That is the point where a surveyor can be appointed on your behalf if you don’t act within the statutory 10-day period.
7) What if an Award is served and you disagree with it?
If you later receive a Party Wall Award and believe it is wrong, the Act provides a right of appeal to the County Court within 14 days of service of the Award.
Government guidance also reiterates that the Award is binding unless successfully appealed, and highlights the cost risks of an unsuccessful appeal.
8) A quick note on counter notices
If you intended to request additional works (a counter notice), be aware that the Act requires a counter notice (in relevant cases) to be served within one month of the original party structure notice.
So if you delay too long, you may lose the opportunity to use that mechanism.
Need help responding after the deadline?
If you’ve missed the timing and want to regain control of the process quickly (and calmly), email mail@howorth.uk or call 07794 400 212. Tell us what notice you received, when it was served, and what works are proposed, and we’ll explain the most practical next step.