The Party Wall etc. Act 1996 gives property owners the legal right to access neighbouring land when carrying out notifiable works. This ensures essential works can be completed safely and efficiently while protecting the rights of adjoining owners.
Below are the key points to understand about access rights under the Act:
1. Serving Notice
Before access can be taken, the building owner must serve a Party Wall Notice to the adjoining owner(s). The notice should clearly explain:
- The nature of the proposed works.
- Why access to the adjoining property is required.
- When and how the access is expected to take place.
2. Consent or Dissent
Once served, the adjoining owner has 14 days to respond:
- Consent: Access is granted, and the works may proceed as planned.
- Dissent: A dispute is deemed to have arisen, and surveyors must be appointed to agree on access terms.
3. Surveyor’s Role in Determining Access
If a dispute arises, Party Wall Surveyors will:
- Review the proposed works and the adjoining owner’s objections.
- Agree and document fair access provisions in a Party Wall Award.
- Balance the building owner’s need for access with the adjoining owner’s right to security and privacy.
4. Access Rights in the Party Wall Award
The Party Wall Award will set out:
- Which areas of the adjoining property may be accessed.
- The permitted times and duration of access.
- Conditions to minimise inconvenience (e.g., protection measures, hours of work).
5. Compensation for Access
The building owner may be required to pay compensation for:
- Any inconvenience caused.
- Temporary loss of use of part of the property.
- Any damage that occurs as a result of access.
Surveyors will confirm and document any compensation within the Party Wall Award.
6. Carrying Out the Works
Once notice has been served and access formally granted, the building owner (or their contractor) must:
- Enter the adjoining property only at reasonable times.
- Restrict access strictly to the agreed areas and purposes.
- Follow all conditions of the Party Wall Award.
Failure to comply may lead to legal disputes or claims for damages.
Why Professional Guidance Matters
Access rights under the Party Wall Act are highly specific and must be managed carefully to avoid conflict. A qualified Party Wall Surveyor ensures:
- Proper notices are served.
- Fair access provisions are agreed.
- Both parties’ rights are protected.
Speak to Our Expert Team
At Simple Survey, we handle all aspects of Party Wall matters, including access rights, notices, and awards, at fixed and transparent prices.
📧 Email us at team@simplesurvey.co.uk or call today for a free, no-obligation consultation. Our experienced surveyors are here to give you clear, practical advice and ensure your project runs smoothly across the UK.