I have served a Section 1 and 6 Notice on My Neighbour and he has not replied. Can I start Works?

Question

I have issued my neighbour with two Party Wall Notices for my planned single story kitchen extension which is  2.5 metres away from my neighbour’s property, first notice giving one months notice under section 1 – building up to the boundary line and second notice under section 6 excavating within 3 metres of a neighbouring building, as I’m unsure of the existing depth of my neighbours foundations (Houses built 25 years ago).

My neighbour has ignored all notices that I have sent him and hasn’t appointed or recommended any surveyor.

My local building control officer at the council has suggested a solution that the foundations could be built in sections to insure no movement in my neighbours existing foundations. If my neighbour continually ignores the notices that I send him and carries on delaying the project, can I start using the building control officer’s solution? 

Answer

The section 1 notice does not require a reply and you are free to commence that part of the work once the statutory notice period has expired. If the Adjoining Owner has not replied to the Section 6 notice within 14 days then he is deemed to have dissented and must appoint a surveyor. You need to write to him again making him aware of that fact and giving him a further 10 days in which to make that appointment – if he fails to do that you can make the appointment on his behalf.

These timescales are in place to avoid your works from being delayed.