Understanding the Section 10(4)(b) Appointment Under the Party Wall Act

When undertaking building work that affects a shared or adjoining wall, compliance with the Party Wall etc. Act 1996 is crucial to ensure that your project proceeds smoothly and legally. One of the lesser-understood but highly significant provisions of the Act is Section 10(4)(b) - a clause that empowers a building owner to move forward with appointing a surveyor when a neighbour fails to respond or cooperate.

In this blog, we’ll unpack Section 10(4)(b) of the Party Wall Act, explaining what it means, when it applies, how it protects building owners, and the correct procedure to follow.

A Quick Refresher: What the Party Wall etc. Act 1996 Covers

The Party Wall etc. Act 1996 provides a legal framework for preventing and resolving disputes between neighbours when building works affect shared structures.

The Act applies to three main types of work:

1. Work on a party wall or structure (e.g., inserting beams, cutting into, raising, or rebuilding a shared wall).

2. Building a new wall at or astride the boundary line.

3. Excavation work near a neighbouring property that could affect its stability.

Before such works commence, the building owner must serve a Party Wall Notice on the adjoining owner. The adjoining owner then has 14 days to respond either consenting, dissenting and appointing their own surveyor, or agreeing to a single agreed surveyor.

But what happens if the adjoining owner ignores the notice altogether? That’s where Section 10(4)(b) comes into play.

Understanding Section 10 of the Party Wall Act

Section 10 of the Act outlines how disputes are to be resolved when they arise. When a neighbour dissents to a notice or simply fails to reply, the matter moves into the dispute resolution stage, which requires the appointment of surveyors.

The section specifies the following:

• Each owner (building owner and adjoining owner) must appoint a surveyor.

• The two surveyors will then select a third surveyor to act if they cannot agree on any aspect of the award.

If either owner refuses to appoint or neglects to do so within 10 days of receiving a request, Section 10(4) gives the other party the right to step in.

Breaking Down Section 10(4)(b)

The relevant clause, Section 10(4)(b), specifically states:

If an owner fails to appoint a surveyor within 10 days of being requested to do so by the other party, the other party may make the appointment on their behalf.

In simpler terms:

If your neighbour (the adjoining owner) fails to respond to your Party Wall Notice and doesn’t appoint a surveyor within 10 days of your formal request, you have the legal right to appoint a surveyor on their behalf.

This process allows your project to move forward without unnecessary delay, while still ensuring that your neighbour’s rights are represented fairly.

When Can Section 10(4)(b) Be Invoked?

You can only rely on Section 10(4)(b) after following all proper notification procedures. Here’s the sequence of events:

1. Serve the Initial Party Wall Notice:

You send a valid Party Wall Notice under Sections 1, 3, or 6 of the Act.

2.    Wait 14 Days:

The adjoining owner has 14 days to respond. If they don’t reply within this period, a dispute is deemed to have arisen.

3.    Issue a 10-Day Request:

After the 14 days, you must send a “10-day notice” formally requesting that the adjoining owner appoint a surveyor.

4.    Failure to Respond Within 10 Days:

If your neighbour still doesn’t reply within the 10-day period, you can then appoint a surveyor on their behalf under Section 10(4)(b).

This ensures that both sides are represented in the Party Wall Award process, even if one side is uncooperative or unresponsive.

Why Section 10(4)(b) Matters

Section 10(4)(b) serves a vital purpose, it prevents one party from stalling a legitimate construction project by simply ignoring the legal notice.

Key Benefits for Building Owners:

• Avoids Delays: You can move ahead with the surveyor appointment and the Party Wall Award, preventing your project from being stuck indefinitely.

• Maintains Legal Compliance: By following the correct notice and appointment process, you stay within the law.

• Protects Both Parties: The appointed surveyor acts impartially, representing the interests of the adjoining owner as well, even though they didn’t participate.

Without this provision, it would be too easy for neighbours to obstruct lawful development through inaction.

How the Appointment Works in Practice

Here’s how a Section 10(4)(b) appointment is typically carried out:

1. Serve the 10-Day Notice:

You must serve a written notice (known as the “10-day notice”) to the adjoining owner, giving them one final opportunity to appoint their own surveyor.

2.    Wait for the Deadline:

If they do not respond within the 10-day window, you are legally permitted to appoint a surveyor for them.

3.    Select a Qualified Surveyor:

The appointed surveyor must be experienced, impartial, and independent. Ideally, they should be a member of the Faculty of Party Wall Surveyors or similar professional body.

4.    Two Surveyors Proceed with the Award:

Once both surveyors are appointed (yours and the one appointed on behalf of the neighbour), they will review the proposed works, inspect the properties, and agree on a Party Wall Award.

5.    Serving the Party Wall Award:

The award outlines how and when the works can proceed, includes protective measures for both properties, and records the condition of the adjoining owner’s property.

Important Considerations for a Valid Appointment

While Section 10(4)(b) gives you authority to act, it must be handled with care:

• Ensure All Notices Are Valid: The initial Party Wall Notice and the 10-day request must be correctly drafted and served to the legal owner(s).

• Allow Proper Timeframes: Respect the 14-day and 10-day deadlines exactly any premature action could invalidate the process.

• Use a Qualified Surveyor: Choose a professional who understands their duties under the Act and acts impartially.

• Keep Records: Maintain copies of all notices, proof of posting, and any correspondence. Documentation protects you in case of disputes.

Common Misunderstandings About Section 10(4)(b)

Despite its importance, this section is often misunderstood. Let’s clear up a few misconceptions:

• My neighbour’s silence means consent:

No, silence is treated as dissent, not consent. That’s why the 10(4)(b) mechanism exists.

• The surveyor I appoint for my neighbour represents me:

Incorrect. Once appointed, that surveyor acts independently and has a duty to be impartial.

• I can start work immediately after appointing the surveyor:

Not yet. You must wait until the Party Wall Award is finalized and served before beginning the works.

Role of the Appointed Surveyors

Once both surveyors are appointed, their role is to:

• Examine the proposed works and assess potential risks,

• Conduct a Schedule of Condition survey of the adjoining property,

• Draft a Party Wall Award outlining terms, working hours, and protective measures,

• Resolve any disputes that may arise during the process.

Even when a surveyor is appointed under Section 10(4)(b), they must remain fair and act in accordance with the law and professional ethics.

Why Professional Help Matters

Navigating the Party Wall process can be complex, especially when neighbours are unresponsive. Working with a professional surveyor, such as Express Joseph Party Wall Surveyors, ensures that:

• Notices are drafted and served correctly,

• All legal timelines are followed,

• The Section 10(4)(b) appointment is carried out properly,

• Your project remains compliant with the Party Wall etc. Act 1996.

Conclusion

The Section 10(4)(b) appointment is one of the most powerful yet misunderstood provisions of the Party Wall etc. Act 1996. It ensures that unresponsive or uncooperative neighbours cannot delay legitimate construction projects indefinitely.

By following the proper steps for serving notices correctly, respecting deadlines, and appointing impartial surveyors, you can move forward confidently and lawfully.

If you find yourself in a situation where your neighbour fails to respond, consulting an experienced Party Wall Surveyor is the best way to ensure compliance and protect your project from unnecessary complications.

In short, Section 10(4)(b) is not a loophole, it’s a safeguard for fair progress and balanced protection for both property owners.

For more information you can call Express Party Wall Surveyor at 020 3633 0823 or contact us