The s10(4) 10-day notice: when a neighbour won’t appoint a surveyor

What section 10(4) says

Section 10(4) provides that if either party to the dispute “(a) refuses to appoint a surveyor under subsection (1)(b), or (b) neglects to appoint a surveyor under subsection (1)(b) for a period of ten days beginning with the day on which the other party serves a request on him, the other party may make the appointment on his behalf.”

Note that it refers to appointing a surveyor under s.10(1)(b), the two-surveyor route. It does not let you impose an Agreed Surveyor; an Agreed Surveyor requires both owners to concur (s.10(1)(a)).

When it applies

Section 10(4) only comes into play once there is a dispute. That usually follows deemed dissent after a section 3 or section 6 notice, or an express dissent where the neighbour then does nothing. It can also be used by an adjoining owner where a building owner refuses to appoint, although that is rare.

The steps

The request must be properly served under section 15. If it is posted, allow for postal delivery before counting the ten days. Count carefully: an appointment made a day early is open to challenge, and an invalid appointment can invalidate the Award.

Who can be appointed

Under s.20 a surveyor is any person not a party to the matter. In practice the building owner’s surveyor arranges for an independent, experienced party wall surveyor from a different firm to be appointed. It must not be the building owner’s own surveyor; that person cannot act for both sides unless both owners agreed to them as Agreed Surveyor.

Is it fair on the neighbour?

Yes. The surveyor appointed under s.10(4) has the same status and duties as one the neighbour chose themselves. They will inspect the neighbour’s property, prepare or check the Schedule of Condition, review the drawings and method, and negotiate the Award. They must act impartially. Their reasonable fees are normally paid by the building owner where the work is solely for the building owner’s benefit (s.10(13)). The neighbour can engage with that surveyor at any point, and often does once the process is explained.

What if a surveyor stops responding?

Related provisions deal with surveyors who will not act. If a party-appointed surveyor refuses to act effectively, the other surveyor may proceed ex parte (s.10(6)); if they neglect to act for 10 days after a request, the same applies (s.10(7)). If the two surveyors cannot agree on a third surveyor within 10 days of a request, the local authority’s appointing officer can select one (s.10(8)). These are last resorts, used carefully.

Worked example

Illustrative only. Amira’s section 6 notice for a rear extension is served on 2 May. Her neighbour does not reply. A dispute is deemed to arise after 14 days. On 20 May a request to appoint is posted by recorded delivery and delivered on 21 May. The ten days beginning with 21 May end on 30 May. On 31 May an independent surveyor is appointed in writing on the neighbour’s behalf. The two surveyors select a third, take a Schedule of Condition with the neighbour’s agreement and serve an Award in June.

Get the paperwork right

Most s.10(4) problems are paperwork: requests not properly served, ten days miscounted, the wrong owners addressed, or appointments not made in writing (s.10(2)). We handle these steps as part of our Award service: Award £400 + VAT, or the full package £899 + VAT (£999 London). If an independent surveyor is appointed for your neighbour, their reasonable fees are payable as well.

What the request letter should say

• That a dispute has arisen (or is deemed to have arisen) under the Act, identifying the notice and the date it was served.
• A request, under section 10(4), for the owner to appoint a surveyor under section 10(1)(b) within ten days.
• An invitation, as an alternative, to concur in an Agreed Surveyor, naming the proposed surveyor.
• What will happen if they do not respond: a surveyor will be appointed on their behalf.
• Reassurance that the surveyor’s reasonable fees are normally paid by the building owner.

Address it to every owner, in the same way as the notice, and keep proof of service.

After the appointment

The surveyor appointed on the neighbour’s behalf writes to the neighbour to introduce themselves, explains the process and arranges the Schedule of Condition. Many neighbours engage at this point. If the neighbour still refuses access, the surveyors can enter during usual working hours on 14 days’ notice given by the building owner (s.8(5)–(6)), and an occupier who knowingly refuses or obstructs that entry commits an offence (s.16). In practice, a polite letter usually achieves access without needing to rely on that.

Common errors that invalidate a section 10(4) appointment

• No dispute yet. Sending the request before the 14-day period under section 5 or 6(7) has run, so no dispute existed to appoint surveyors for.
• Counting the ten days wrongly. The period begins with the day the request is served, not the day it is posted.
• Missing an owner. Each owner must be asked; a request to one joint owner does not cover the other.
• Appointment not in writing, contrary to s.10(2).
• Choosing someone connected to the building owner, which invites a later challenge to the surveyor’s impartiality.

If any of these goes wrong, the safest course is usually to correct the step and start that part of the process again, rather than proceed to an Award that may be challenged.

Alternatives before you use section 10(4)

Before appointing for an unresponsive neighbour, it is worth a knock on the door or a short, friendly note. Neighbours often ignore formal letters because they look intimidating, not because they object. Section 10(4) is a backstop, not a first resort.

Sources and further reading

• Party Wall etc. Act 1996, section 5: Disputes arising under sections 3 and 4 (legislation.gov.uk)
• Party Wall etc. Act 1996, section 6: Adjacent excavation and construction (legislation.gov.uk)
• Party Wall etc. Act 1996, section 10: Resolution of disputes (legislation.gov.uk)
• Party Wall etc. Act 1996, section 15: Service of notices etc. (legislation.gov.uk)
• Party Wall etc. Act 1996, section 20: Interpretation (legislation.gov.uk)
• GOV.UK: The Party Wall etc. Act 1996 explanatory booklet
• GOV.UK: Party walls and building work
• Faculty of Party Wall Surveyors (FPWS)

Section references are to the Party Wall etc. Act 1996 as it applies in England and Wales, checked against legislation.gov.uk. This guide is general professional guidance, not legal advice; every project should be assessed on its own drawings.

Sources: Party Wall etc. Act 1996 (legislation.gov.uk) · The Party Wall etc. Act 1996: explanatory booklet (GOV.UK) · Faculty of Party Wall Surveyors (FPWS). Last reviewed 27 October 2026. General guidance on the law in England and Wales, not legal advice.