Have you been told that your neighbour’s contractor can come onto your land? Under the Party Wall etc. Act 1996, that can be correct—but only in tightly defined circumstances and under strict safeguards. Here’s the clear, practical guide you need.
1) Yes—access rights do exist in specific scenarios
The Act is an “enabling” law. Where works are notifiable and cannot reasonably be carried out without going next door, Section 8 grants the Building Owner and their contractor a temporary right of access onto the Adjoining Owner’s land to execute those works.
Key principle: access must be necessary, reasonable, and minimal—never a blanket licence for convenience.
2) When does Section 8 apply?
Section 8 access can apply to:
- New walls at the boundary
- Section 1(5): building up to the line of junction (boundary).
- Section 1(2): building astride the boundary (only with the Adjoining Owner’s consent).
- Works to an existing party wall/party structure (e.g., raising/underpinning a party wall) under Section 2, noticed via Section 3.
- Works to a party fence wall (garden wall shared by the parties) that fall within Section 2.
If the work isn’t notifiable under the Act—or can be done wholly from the Building Owner’s side—Section 8 should not be used.
3) Access must be governed by a Party Wall Award
No one should be turning up “because the Act says so” without paperwork. Access terms are set out in a binding Party Wall Award, agreed by an Agreed Surveyor (single surveyor) or by two surveyors. The Award will typically specify:
- The scope of work for which access is permitted.
- Timing & duration (days, hours, start/finish dates, notice periods).
- Route in/out and areas to be used (often marked on a plan).
- Protection measures (hoarding, sheeting, mats, scaffold design, temporary fencing).
- Working methods (e.g., hand tools at the party wall, non-percussive close to sensitive areas).
- Cleanliness & welfare (no storage except as agreed; daily tidy; no obstruction of doors/gates).
- Security & privacy (maintain locks/alarms; temporary screens; reinstatement of boundaries).
- Insurance & indemnity (public liability levels; evidence of cover).
- Making good & damage procedure (how to report and resolve any damage quickly).
- Emergency access (how urgent situations are handled).
- Access fee/consideration (where appropriate) and costs apportionment.
4) Access is limited and subject to protections
Section 8 access is not a free pass. It is strictly temporary, proportionate, and controlled. Typical protective provisions include:
- Reasonable prior notice: often 14 days (shorter for emergencies).
- Defined working hours (e.g., weekdays only; no noisy work at antisocial times).
- No storage of materials/plant on your land unless expressly allowed.
- No removal of fences or vegetation unless specified and reinstated.
- Photographic records before and after.
- Immediate making safe of any excavation or temporary openings.
- Make good on completion (to match existing, unless otherwise agreed).
If the contractor strays beyond what the Award permits, they lose the protection of the Act—that becomes trespass.
5) Can an Adjoining Owner refuse access?
No—not if access is properly awarded under Section 8. Once an Award grants access and the Building Owner complies with the Award’s conditions (notice, timing, protections), access cannot be unreasonably refused. If it is, the Building Owner can seek court enforcement (e.g., an injunction/order compelling access) and may recover related costs.
Tip: keep things cordial—most access issues are avoided by clear timetables, tidy sites and quick communication.
Practical checkpoints
For Building Owners
- Serve valid notices early (Sections 1/2/6 as applicable).
- Ask your surveyor to include crystal-clear access clauses in the Award.
- Brief your contractor on the exact access limits and protections.
- Stick to the Award—any deviation risks dispute, delay and cost.
For Adjoining Owners
- Read the notices and Award carefully.
- Engage with the surveyor(s) to ensure protections meet the realities of your garden, access width, pets, security, etc.
- If something worries you (e.g., scaffold to a delicate surface), raise it early—Awards can be refined before service.
FAQs
Is access automatic once I’m served a notice?
No. Access only becomes actionable once an Award is in place (save for genuine emergencies), and only on the terms it sets out.
Can the contractor bring heavy plant through my garden?
Only if the Award permits it and the method is necessary and protected. Often the Award will limit plant size, routes, mats and timing.
What if damage occurs during access?
Notify the surveyor(s) immediately. The Award will contain a damage resolution procedure—from validation to making good or cash settlement.
What if the surveyor/contractor asks for “a couple of extra days”?
They must follow the Award. Extensions should be agreed and recorded via the surveyor(s). Unauthorised overruns can be a breach.
Simple Survey – fixed fees, clear terms (nationwide)
Our simple, transparent 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 & 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.
Why Simple Survey
- Fixed fees you can budget for
- RICS-qualified building surveyors
- Nationwide coverage
- Proactive, neutral administration that keeps access orderly and safe
Get access terms agreed—properly
Email your drawings and a brief outline of the proposed access (what/where/when) to team@simplesurvey.co.uk. We’ll confirm what’s notifiable, draft the right access protections, and issue a fixed-fee plan to keep your project moving—and your neighbour protected.