If you’re here, you’ve probably been told that contractors will need access over a neighbour’s land (or your neighbour needs access over yours) to carry out building works.
Under the Party Wall etc. Act 1996, that can be perfectly lawful—but only in tightly defined circumstances and under the control of a Party Wall Award.
Here’s your clear, practical roadmap.
1) The legal right of access (Section 8)—but only for specific works
Section 8 of the Act provides a statutory right of access to neighbouring land where it is necessary to carry out notifiable works under the Act, such as:
- Building a new wall up to or astride the boundary (Section 1).
- Carrying out certain works to a party wall/party structure/party fence wall (Section 2).
Key point: Access is not a general convenience. It must be necessary for the notifiable works, for no longer than necessary, and subject to protections set by surveyors.
2) Access is controlled by a binding Party Wall Award
The right to step onto the neighbour’s land is not automatic in practice—it is administered and limited by a Party Wall Award (agreed by an Agreed Surveyor or by two Surveyors). A well-drafted Award will spell out:
- Extent & route of access (where you can go, how you get there).
- Timing & duration (days, hours, mobilisation/demobilisation windows).
- Protections & method (hoardings, temporary surfaces, sheeting, hand tools near the party wall, dust/noise controls, welfare, security).
- Damage protocol (making good vs compensation, evidence requirements).
- Insurance & indemnities (public liability cover, contractor competence).
- Temporary works and support (e.g., safe support to open trenches, time limits before pour/backfill).
- Reinstatement (what must be put back, how, and by when).
- Dispute provisions (how disagreements are referred back to the surveyors, and if needed, to the Third Surveyor).
The Award protects both sides: it lets the Building Owner progress the works lawfully and ensures the Adjoining Owner’s land and property are safeguarded.
3) It’s not an open-ended allowance
Access is finite and task-specific. If the contractor overruns the access period or wants extra visits, that’s not automatically allowed. The surveyor(s) will decide whether further access is reasonable and necessary, and if so, will vary or supplement the Award to cover it.
Plan ahead: provide a realistic programme and sequencing so the access window is achievable (for example, foundation excavation, inspection, and concrete pour within the Awarded hours and time limits).
4) No licence fees—access cannot be charged for
Because Section 8 is a statutory right, the Adjoining Owner cannot charge a licence fee for access granted under the Act.
However, the Building Owner is still responsible for:
- All reasonable making-good of any damage caused by the access;
- Reasonable protective measures and temporary works;
- Their surveyor(s) and professional costs connected with administering the access in the Award.
5) The practical steps—how access is usually agreed
- Confirm notifiability & necessity
A Party Wall Surveyor reviews your drawings and methods to confirm the works are notifiable and that access is genuinely needed (and can’t reasonably be achieved from the Building Owner’s side). - Serve valid Notices
Serve the correct Party Wall Notices (Sections 1, 2, and/or 6 as applicable). For Section 6, include excavation plans/sections with depths. - Appointments under Section 10
After any dissent, owners appoint an Agreed Surveyor or two Surveyors (who also select a Third Surveyor). - Draft the Access Provisions
Surveyor(s) set the route, hours, protections, temporary works, security, site rules, supervision, and reinstatement in the Award. - Serve the Award
Once served, the Award is binding (subject to a 14-day appeal window). Contractors work exactly to its terms. - On-site management
Hold a pre-start access briefing with contractor and surveyor(s): walk the route, check protections, confirm communications, and log the start. - Completion & sign-off
On demobilisation, the surveyor(s) re-inspect, confirm reinstatement/making good, and close out any minor snags or damage claims under the Award.
6) What if access is refused on the day?
A flat refusal doesn’t extinguish the right granted by the Act. The usual path is to refer the issue back to the surveyor(s) for prompt determination and, if necessary, to seek court enforcement of the Award. (Police involvement is generally limited to preventing a breach of the peace; legal enforcement is through the courts.)
7) Best-practice tips (for smooth access and good neighbourly relations)
- Programme honestly. Don’t underestimate durations; rushed work leads to risk and re-attendance.
- Brief the contractor. Provide the Award; highlight access hours, hand-tool only zones, sheeting of vents/flues, trench support/pour windows, and housekeeping.
- Communicate. A quick courtesy email to the neighbour with dates helps avoid surprises.
- Protect, protect, protect. Temporary surfaces, tree/plant protection, and careful storage minimise claims and friction.
- Reinstate beautifully. Leave the neighbour’s land as you found it—or better.
Simple, Fixed Fees (Nationwide)
- Party Wall Notice service: £25 per adjoining ownership
- Party Wall Award (Agreed Surveyor): from £300 fixed-fee
- Party Wall Award (acting for the Building Owner in a two-surveyor appointment): from £325 fixed-fee for our side
We’re experienced building surveyors (RICS-qualified). Our Awards are legally robust and written in clear, contractor-friendly language so site teams actually follow them.
Need access agreed—properly and quickly?
Email your drawings for a free notifiability & access check. If access is needed, we’ll draft a tight, protective access regime in your Award and keep your programme moving—without drama.
Simple Survey — Nationwide • Fixed Fees • Experienced & Qualified
📧 team@simplesurvey.co.uk