Section 10(4) of the Party Wall etc. Act 1996
The spirit of the Party Wall etc. Act 1996 revolves around the facilitation of certain construction works whilst accordingly reciprocating sufficient safeguarding measures to those impacted by the works, section 10 (4) of the 1996 Act is a prime example of this.
So how does section 10 (4) work?
If for whatever reason an adjoining owner is non-responsive or absent section 10 (4) provides a mechanism which ensures that the building owners right to commence work is not delayed and accordingly ensure that an impartial surveyor is appointed to represent the absentee/non-responsive adjoining owner.
A ten-day notice is served under section 10(4) essentially providing a ten-day extension to respond to the original notice(s) served. If after ten days there is still no response then a surveyor is appointed on the non-responsive owners behalf and the formalities of the 1996 Act commences.
Why is this important?
Anyone that has planned a project will know that procuring the right contractors, sourcing materials and things like arranging scaffolding are time specific with associated costs, any delay will most certainly has a negative impact on a project which can cause stressful and costly delay.
From the adjoining owners perspective there may be a million reasons why they have not responded, maybe they’re not well or (more hopefully) maybe their travelling the world, whatever the situation it's only fair that work which is likely to impact their property is assessed by an impartial surveyor and the requisite safeguarding measures are put in place (by means of Party Wall Award).
When does a notice under section 10(4) need to be served?
At 14 or 16 days from the date in which original notice was served;14 days if hand delivered and 16 days if posted (allowing a grace for delivery time).
Need our help?
Whether you have not had a response to notice or have received a notice and not sure what to do, one of our friendly consultants will be happy to offer you further guidance.
info@tksurveyinggroup.co.uk
0208 243 8981
In the first instance it is vital to ensure that any party wall notice served is done so correctly, a party wall notice is a legal instrument and is open to scrutiny whereas any incorrect information may invalidate the notice requiring a new notice to be served.
For FREE information on party wall notices check out our publication on the link below
Party wall notice guidance
Party Wall Surveyors in North London, covering Enfield, Haringey, Hackney, Barnet, Cheshunt, Waltham Abbey,, Walthstow,, Palmers Greeh, Southgate, Winchmore Hill
s10.4 applies to both owners, and is optional. Lack of a response from the adjoining owner should not delay the work. S3.1 & 3.2 requires the notice to be submitted two months before the building owner exercises rights under s2. But it does not say an Award has to be issued (or even that surveyors are appointed). S7.5 automatically kicks in, requiring that statutory requirements (eg Building Regulations) are complied with, and in the event of a dispute, determined in accord with s10. But, s.10 doesn't insist a building owner serves a s10.4 request. Not serving an s10.4 request seems a good way to avoid the expense, delay and annoyance of appointing party wall surveyors.