When building works affect shared walls or boundaries, understanding the Party Wall etc. Act 1996 is vital. One of its most important – and sometimes misunderstood – sections is Section 8: Rights of Entry. This sets out when and how a building owner can legally enter a neighbour’s land to carry out notifiable works.
Here’s a clear breakdown of how it works and what both building owners and adjoining owners need to know.
What Section 8 Actually Covers
Section 8 provides a legal framework for accessing adjoining land when it’s genuinely necessary to carry out certain works, including:
- Excavating close to a neighbouring property.
- Building or repairing a party wall or party fence wall.
- Constructing new walls along the line of junction.
- Cutting into a party wall (for structural works).
- Inserting a damp-proof course.
It’s important to remember that rights of entry only apply to notifiable works under the Act, and only after the correct notice has been served.
Serving Notice: The Legal Requirement
Before stepping foot on a neighbour’s property, the building owner must serve a formal written notice at least 14 days in advance. This notice should set out:
- The type of work being done.
- Why access is needed.
- The timing and duration of access.
The only exception is an emergency – in that case, as much notice as reasonably possible must still be given, even if it’s very short.
How Neighbours Can Respond
Once notified, the adjoining owner has three possible responses:
- Consent – agreeing to the works and setting terms for access (times, safeguards, compensation if needed).
- Dissent – disagreeing, which triggers the appointment of surveyors to resolve matters through an Award.
- No Response – after 14 days, silence is treated as dissent, and surveyors step in.
Key Considerations When Exercising Rights of Entry
- Reasonable access times: Works should cause as little disruption as possible.
- Compensation: If damage or costs are caused, the adjoining owner may be entitled to compensation.
- Protective measures: Safeguards (such as temporary supports or insurance) should be agreed to protect the neighbour’s property.
- Surveyors: Where disputes arise, surveyors provide an impartial resolution.
What If a Neighbour Refuses Entry?
If proper notice has been served, an adjoining owner cannot legally refuse access. Section 16 of the Act makes it an offence to obstruct lawful entry.
If access is impossible (for example, the property is locked and nobody is home), the Act allows the building owner to force entry – but only if accompanied by a police constable.
Final Thoughts
The Party Wall etc. Act 1996 strikes a balance between allowing essential works and protecting the rights of neighbours. Section 8 ensures that building owners can gain access when needed, but only by following the correct process and showing due consideration.
Handled properly, rights of entry help projects move forward smoothly while avoiding unnecessary disputes.
Need Expert Guidance on Party Wall Matters?
At Simple Survey, we make sense of the Act for both building owners and neighbours. Whether you’re planning works or dealing with access issues, our expert surveyors can help you get it right from the start.
📩 Email us today at team@simplesurvey.co.uk for practical, no-nonsense advice.