When your project sits near the boundary, access over next-door’s land can be the difference between a smooth build and a costly headache. The Party Wall etc. Act 1996 gives a clear, lawful route for temporary access—if you follow the rules. Here are the five facts we wish every homeowner, architect and contractor knew before day one on site.
1) Access is a statutory right—but only when it’s necessary
Section 8 of the Act grants a temporary right of access to the neighbouring land where the works are notifiable and the access is reasonably necessary to carry them out. Think safe erection of brickwork, weathering, installing flashings, or placing temporary protection—tasks that simply can’t be done from your side. “Convenient” is not enough; “necessary” is the test.
Practical tip: Design out access where you can (e.g., step-in details, buildable sequences). If you still need access, be ready to show why.
2) You must give written notice (usually 14 days) and keep to sensible hours
Access isn’t grab-and-go. Serve written access notice stating the dates, times and purpose. Fourteen days is the standard period; shorter is only justified where there’s a genuine urgency (e.g., a hazard requiring immediate attention). Keep to typical local working hours (commonly 08:00–18:00 Mon–Fri, 08:00–13:00 Sat; no noisy works on Sundays/bank holidays).
Practical tip: Add housekeeping commitments to the notice—ground protection, daily tidy, security measures, and your plan for temporary fencing or sheeting.
3) You must protect, pay and make good
The right of access comes with duties:
- Protect the neighbour’s land, plants, surfaces and features while you’re there.
- Compensate for actual loss caused by the access (e.g., hire of a dog-walker during shared-garden closures, relocating garden furniture), and
- Make good promptly if you cause damage or disturbance.
Most friction vanishes when these points are spelled out plainly before you step through the gate.
4) Refusals don’t end the right—but they do raise the stakes
If the neighbour refuses lawful access after valid notice, the Act is surprisingly robust. In extremis, and only after proper notice and arrangements, the team may enter accompanied by a police officer and can “break open any fences or doors in order to enter” if the premises are closed. That is a last resort. In practice, a calm letter setting out the legal position, reassurance on protection and compensation, and fixed access windows will usually unlock cooperation.
Practical tip: Keep evidence of served notices and all offers to minimise inconvenience. If emotions run high, let your party wall surveyor handle the communications.
5) Scaffolds, towers and plant can go on neighbouring land—if genuinely necessary
Temporary scaffolding, towers, hoists or welfare can be placed next door only where necessary for the notifiable works and for no longer than needed. Keep footprints modest, protect the ground, maintain safe routes, and provide security. If your proposal is heavy or long-running, expect tighter conditions (e.g., scaffold alarms, lighting, netting, dedicated access hours).
Practical tip: Share a simple drawing showing locations, access paths, and protection—clarity wins cooperation.
FAQs
Can my neighbour refuse access outright?
They can object, but if the access is necessary, validly notified and tied to notifiable works under the Act, the right still exists. The focus then shifts to sensible time and manner conditions and minimising inconvenience.
How much notice do I have to give?
Typically 14 days in writing. Urgent safety works can justify shorter notice, but be ready to evidence the urgency.
Do I have to pay my neighbour for access?
You must compensate for actual loss caused by access (not a blanket fee). Many projects cause zero or minimal loss; others involve fair, itemised costs (e.g., temporary kennel fees, relocating pots/planters).
Can I put scaffolding in their garden?
Yes, if necessary for notifiable works and for the shortest reasonable period, with protection and security. Over-sized or open-ended scaffolds will meet resistance—keep it lean and agreed.
What if their gate is locked and they won’t attend?
If you’ve served valid notice and arranged a reasonable time, the Act provides a route to enter with a police officer present where premises are closed. Use this sparingly—most cases resolve with diplomacy.
Does an Award have to spell out access?
It helps. Clear “time and manner” conditions (hours, protection, routes, reinstatement) reduce friction and keep the build moving.
Can I access the interior of my neighbour’s house?
Interior access is rare and must be strictly necessary for the notifiable works. External solutions should be prioritised.
Transparent, fixed pricing
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted).
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee, depending on complexity and number of notices/owners.
- Two-surveyor route (we act for the building owner): fixed-fee proposals from £325 for our side. (The neighbour’s surveyor often bills hourly; we work to keep those costs reasonable and contained.)
- Complex works (deep excavations, multi-owner blocks): we’ll still offer the fixed pricing above.
- No surprises, no creeping extras. You’ll know the number before we start.
The short version
- Access is lawful when it’s necessary for notifiable works.
- Serve clear written notice (usually 14 days) with practical housekeeping commitments.
- Protect, compensate, make good—and keep access short and tidy.
- Firm rights exist for refusals, but diplomacy is faster and cheaper.
- The more you clarify time and manner, the fewer arguments you’ll have.
Need fast, drama-free Party Wall access?
We’ll plan your access strategy, serve watertight notices and set fair “time and manner” conditions that keep neighbours onside and your programme on track—at the lowest like-for-like cost in England & Wales.
Email: team@simplesurvey.co.uk
Simple Survey — fast, compliant, lowest-cost Party Wall support that gets your project built.