When a Building Owner serves a Party Wall Notice and does not receive a response, the Party Wall etc. Act 1996 includes a process that allows matters to move forward fairly. This process is known as a 10(4)(b) appointment.
Under Section 10(4)(b) of the Party Wall etc. Act 1996, if a neighbour fails to appoint a surveyor within 10 days of a formal request, the Building Owner may appoint one on their behalf.
This ensures the process cannot be blocked by non-response and allows the project to proceed lawfully. The appointed surveyor must act impartially and with reasonable care for both sides.
At Christopher Anthony Surveyors, we regularly manage these appointments — ensuring compliance and issuing awards promptly so projects stay on schedule.
What the 10(4)(b) Process Involves
The 10(4)(b) procedure usually follows the service of a Party Wall Notice under Section 3 or Section 6 of the Act, which cover works to party structures or excavations near a neighbouring property.
If the Adjoining Owner does not respond within 14 days, a dispute is automatically deemed to have arisen. The Building Owner must then issue a ten-day request asking the neighbour to appoint a surveyor.
If there is still no response after those ten days, the Building Owner may appoint a surveyor on behalf of the Adjoining Owner. This ensures that both sides have professional representation and that an Award can be properly prepared and agreed, allowing the Building Owner to start work legally.
The Importance of Handling 10(4)(b) Appointments Properly
In practice, the 10(4)(b) procedure can sometimes raise concerns about impartiality, particularly where the Building Owner chooses the surveyor to represent the Adjoining Owner. Poor or careless appointments can result in disputes or even appeals.
At Christopher Anthony Surveyors, we handle every 10(4)(b) appointment with the same level of care as if we were acting for our own client. We ensure that all appointments are fair, transparent and fully compliant with the Party Wall Act. Our approach helps both owners progress their projects confidently, knowing the legal process has been properly followed.
Recent Example in Islington
We recently acted for a Building Owner in Ronalds Road Highbury, Islington, who was carrying out a loft conversion. One neighbour appointed us as the Agreed Surveyor, while the other failed to respond to the notice. Following the ten-day request, we proceeded with a 10(4)(b) appointment.
Both Party Wall Awards were agreed within four weeks, allowing the project to begin on time and in full compliance with the Act.
Summary
Section 10(4)(b) is an important part of the Party Wall Act. It ensures that property owners can move forward with their works even if a neighbour does not respond, while still protecting everyone’s rights.
Choosing a surveyor experienced in managing 10(4)(b) appointments is essential. A professional and balanced approach avoids unnecessary conflict and ensures the process is fair and legally sound.
Need Professional Advice?
If you are unsure how to proceed when a neighbour fails to respond to your Party Wall Notice, our team can help guide you through the 10(4)(b) process.
Contact Christopher Anthony Surveyors for clear advice and professional support.
Get in touch with us or read more about our Party Wall Surveying Services.
Areas We Cover
Christopher Anthony Surveyors provide professional Party Wall Surveyor services across London and the surrounding areas, including Hackney, Islington, Camden, Haringey, North London, East London, South London, West London, Bexley, Essex, Hertfordshire, Surrey, and Kent.
Our coverage also extends to Tower Hamlets, Waltham Forest, Enfield, Barnet, Southwark, Greenwich, Lewisham, Bromley, Croydon, Lambeth, Hammersmith & Fulham, Wandsworth, Merton, Kingston upon Thames, Ealing, Brent, Harrow, Hillingdon, Richmond upon Thames, and Sutton.
We continue to expand our reach — explore your local area page to learn more about Party Wall services near you.