It’s a little-known fact that a building owner’s contractors have rights of access under the Party Wall etc. Act 1996. Most of the time, access works smoothly with a bit of notice and neighbourly courtesy. But what if the Adjoining Owner refuses, isn’t available, or access runs over?
THE ACT IS ROBUST
The purpose of the Act is to facilitate development while protecting neighbours. That’s why Section 8 gives Building Owners a statutory right of access where it’s necessary to carry out notifiable works, subject to reasonable notice and proper safeguards.
If the premises are closed and reasonable notice has been given, Section 8 allows entry with a constable/police officer in attendance. In practical terms, this is a last resort—expect to show the officer the relevant Act extract and your served access notice, and plan for the least invasive way to enter (e.g., carefully lifting a fence panel for reinstatement, not smashing a gate).
Key conditions (in plain English)
- The access must be necessary to do works “in pursuance of the Act”.
- You must give written notice (commonly 14 days) unless it’s an emergency.
- You must make good any damage or pay compensation for loss caused by the access.
- If premises are closed and access is still refused, entry may be made with police attendance.
Good practice before it gets messy
- Serve a clear Section 8 notice: who, what, where, why access is necessary, proposed dates/hours, protection measures, and site contact details.
- Agree the method: include drawings/photos of scaffolds, towers, protection to planting and surfaces, and routes in/out.
- Insurance & indemnity: confirm public liability cover and that you’ll make good/compensate as required by the Act.
- Communication: a 48–72 hour reminder before the first access day prevents most flare-ups.
If access is refused (or no one’s home)
- Re-confirm necessity: Could the works be safely done from your side instead? If yes, use that route.
- Escalate via surveyors: If there’s a Party Wall Award, ask surveyor(s) to set or clarify time and manner of access (s.10(12)) and any safeguards.
- Final step—police-attended entry: If premises are shut and access is still blocked after valid notice, request police attendance and bring:
- Copy of the served Section 8 notice (with dates/times)
- Copy of the Award (if any) and a relevant extract of Section 8
Record the event (photos/video) and keep disturbance to the absolute minimum.
Over-runs: when access takes longer than planned
It’s sensible (though not mandatory) to state anticipated duration in the access notice or for surveyors to record it in the Award. If weather, design tweaks, or sequencing push you beyond that estimate:
- Tell the neighbour immediately, give revised dates/hours, and explain why.
- Expect pushback if they feel the extra time causes unnecessary inconvenience. Surveyors can mediate and, if needed, vary the Award to reflect a sensible, mitigated programme.
Damage during access—who pays?
The Act requires the Building Owner to make good or compensate for damage caused by works in pursuance of the Act, which includes necessary access to carry out those works. Typical resolutions include like-for-like reinstatement, cash settlement, or a contractor returning to make good under surveyor oversight.
Emergency situations
Where there’s a genuine immediate risk (e.g., unstable wall, active leak), access can be shorter-notice. Even then: notify as soon as practicable, limit works to making safe, and document why delay would have increased risk.
Access Toolkit (Simple Survey’s checklist)
- Valid Section 8 notice served (14 days unless emergency)
- Reason why access is necessary (works in pursuance of the Act)
- Plan/method for safe, minimal-impact access
- Make-good/compensation commitment
- Contact details for site manager and surveyor(s)
- Reminder notice 48–72 hours before first access
- Contingency for adverse weather and over-runs
- Police attendance pack ready (if absolutely necessary)
Want watertight access wording and a neighbour comms pack?
Email team@simplesurvey.co.uk—the lowest-cost party wall surveyors across England & Wales—for tailored Party Wall Assistance.