Short answer: No—not if access has been lawfully awarded and is genuinely necessary for notifiable works under the Party Wall etc. Act 1996. The Act gives a Building Owner a statutory right of access to neighbouring land when it’s needed to carry out works “in pursuance of the Act” (i.e., works covered by Sections 1, 2 or 6), provided proper notice is given and reasonable safeguards are in place.
Below we explain when access can be required, what “necessary” means, the conditions that usually accompany access, and what happens if an Adjoining Owner still tries to refuse.
When does the Act allow access?
Under Section 8 of the Act, a Building Owner (and their contractors/surveyors) may enter the Adjoining Owner’s land at reasonable times to carry out notifiable works, if access is necessary to execute those works safely and correctly. Common examples:
- Building/finishing a flank wall tight to the boundary (Section 1 or 2)
- Installing flashings/weathering at the junction of two buildings (Section 2)
Notice requirement
The Building Owner must give at least 14 days’ notice of the intended access (except in an emergency). Good practice is to state dates, hours, who’s attending, what will be done, and how the site will be protected.
What conditions usually apply?
A well-drafted Party Wall Award typically regulates access so it’s controlled, time-limited, and safe, for example:
- Hours: “Usual working hours” (often weekdays; noisy tasks time-boxed).
- Protection: Sheeting/hoardings, dust control, ground protection, temporary fencing, security.
- Plant and scaffolding: Allowed only where reasonably necessary. Scaffolding may need to stay up outside working hours if it directly facilitates the notifiable works.
- Making good & compensation: The Building Owner must repair any damage or pay for reinstatement and compensate for proven loss.
- Security for expenses (where justified): Funds held to protect the Adjoining Owner against non-completion or foreseeable risk.
These safeguards are designed to balance the Building Owner’s right to build with the Adjoining Owner’s right to quiet enjoyment and protection from unnecessary inconvenience.
Can an Adjoining Owner refuse access once it’s awarded?
They can raise reasonable conditions—but they cannot impose a blanket refusal. If access has been validly awarded (or is required under the Act with proper notice):
- Obstructing entry can be unlawful. Persistent refusal may expose the Adjoining Owner to legal action.
- Enforcement is available. The Building Owner can seek injunctive relief to enforce access; courts move quickly where programmes are jeopardised.
- Forced entry (rare, last resort). If a property is closed and the statutory steps are met, access may be effected with a police officer present. Most matters resolve well before this stage.
Key point: “Necessary” is the test. If the same result can be achieved safely from the Building Owner’s land without materially increasing risk or cost, surveyors may limit or refuse access. But where access is needed for safe execution and proper finish (e.g., brickwork/flashings on the neighbour’s side), refusal won’t stand.
Practical guidance for both sides
For Building Owners
- Get the paperwork right. Valid notices, a clear 14-day access notice, and a robust Award remove ambiguity.
- Be specific. Dates, duration, methods, protection, and contact details keep everyone comfortable.
- Minimise intrusion. Use the least-impact means and restore promptly.
For Adjoining Owners
- Engage early. If you have concerns (security, pets, planting, timings), raise them with the surveyors; they can condition the access.
- Request safeguards, not refusal. Reasonable conditions are far more effective (and enforceable) than saying “no.”
Common misconceptions
- “I can just say no—it’s my land.” Not if access is necessary and properly awarded under the Act.
- “They can come any time.” No—access is limited to reasonable times and only for the notifiable works specified.
- “They must pay rent for using my garden.” Not generally, but they must make good damage and can be liable for compensation for proven, reasonable loss.
How Simple Survey makes access smooth
We draft Awards that pin down the detail: what, when, how, with what protection—and who to call if something changes. Our approach reduces friction and keeps projects moving.
Our clear, low-cost pricing:
- Party Wall Notice service: £25 per Adjoining Ownership (multi-notice bundles discounted)
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee (depends on complexity and number of notices/owners)
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side (we work to keep your neighbour’s surveyor’s hourly fees reasonable and contained)
Need decisive, compliant access wording?
Email team@simplesurvey.co.uk with addresses, drawings, and your target programme. We’ll validate your notices, structure access that’s lawful and neighbourly, and issue an Award that stands up—so your site team can get on with the job.
Simple Survey — small fees, strong paperwork, smooth builds.