Neighbour Refuses to Sign Schedule of Condition: What Can I Do?
You can still protect yourself. A schedule of condition works best when agreed, but a refusal to sign does not have to stop it. Surveyors can record the condition and the award can deal with it.
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- Ask the neighbour, in writing, why they will not sign.
- Offer to send the draft and let their own surveyor review it.
- Ask your party wall surveyor to take the schedule with photographs.
- Record the date, time and who attended the inspection.
- Send a copy of the schedule to the neighbour and keep proof of delivery.
- Include the schedule in the award so it forms part of the process.
Why a signature is not the whole story
A schedule of condition is a written and photographic record of the neighbour's relevant rooms and structure before work. It is usually agreed as part of the award. Its value comes from being accurate and made before the works, not from a signature alone.
If both sides have surveyors, the surveyors can agree the schedule between them. The neighbour need not personally sign for it to be useful.
Understanding the reluctance
People refuse for a mix of reasons. They may worry that signing means accepting existing defects, or that a mistake in the schedule will count against them. Clear wording helps, such as a note that the schedule records condition and does not accept liability.
If access is the problem
Sometimes the real issue is entering their home. The Act allows surveyors to enter with 14 days' notice for work under the Act. Explain the need and offer suitable times. If refusal continues, take advice about the court route.
If they will not engage at all
If your neighbour does not appoint a surveyor after a written request and 10 days, you can appoint one for them. Where a surveyor neglects to act for 10 days after a written request, the other can proceed alone. The record can then be prepared as part of that process.
Frequently asked questions
Is a schedule of condition compulsory?
It is not a stand-alone requirement, but it is usually included in the award and is strongly advised.
Does signing mean the neighbour accepts liability?
No. It records condition. Good schedules say so clearly.
Can I take photos from my side only?
That helps, but the neighbour's side is the important record. Ask your surveyor how best to achieve it.
Who pays for the schedule?
It forms part of the process costs, normally borne by the building owner as the award directs.
Related guides
- Schedule of Condition: Why You Need One Before Building
- The Checklist for a Professional Schedule of Condition Report
- What to Do If a Neighbour Refuses Access to a Party Wall Surveyor
- Damage Caused by Party Wall Works: How to Claim Compensation
Last updated: . This page is general information about the Party Wall etc. Act 1996 (England and Wales). It is not legal advice. Every property and dispute is different, so take advice from a party wall surveyor or a solicitor before you act.