Understanding Rights of Entry Under the Party Wall etc. Act 1996

If you’re planning construction work that affects shared boundaries or your neighbour’s property, the Party Wall etc. Act 1996 is likely to come into play. A key but sometimes misunderstood aspect of the Act is the Right of Entry—the legal ability for a building owner or their agents to enter an adjoining owner’s land to carry out authorised works.

In this article, we’ll clarify what Rights of Entry mean, when they apply, and how to handle them respectfully to avoid conflict.

What Is the Right of Entry?

Under Section 8 of the Party Wall Act, a building owner may enter their neighbour’s property to carry out works permitted by the Act, such as repairing or altering a party wall. However, this right isn’t unlimited—it’s carefully regulated to protect the adjoining owner’s property and privacy.

When Does the Right of Entry Apply?

Here are some common situations where entry may be necessary:

  • Working on a party wall — For example, raising, repairing, or rebuilding the wall, which may require access to the neighbour’s side.
  • Excavation near a neighbouring building — Digging within 3 to 6 metres may require entry for inspection or to implement protective measures.
  • Supporting adjacent structures — Temporary supports may need to be fixed on the neighbour’s land during works like basement digs or loft conversions.
  • Installing scaffolding or equipment on adjoining land to safely carry out the job.

Key Conditions of Entry

The Act places strict conditions to ensure access is fair and causes minimal disruption:

  1. Notice
    You must provide at least 14 days’ written notice before entry, except in emergencies. The notice should clearly explain:
    • Why access is needed
    • When the entry will take place
    • Who will be entering (contractors, surveyors, etc.)

Emergency access can be allowed without notice only if there’s an immediate danger (e.g., a wall collapse).

  1. Reasonable Timing
    Access must occur during reasonable working hours—typically 8 AM to 6 PM on weekdays—and only for as long as necessary.
  2. Minimal Disruption
    The building owner should aim to avoid unnecessary noise, dust, or damage and must take care to protect the neighbour’s landscaping, driveways, and belongings.

What If Access Is Refused?

Neighbours may hesitate or refuse entry, often due to misunderstandings or privacy concerns.

  1. Step 1: Surveyor Intervention
    If surveyors have been appointed, they can clarify rights of entry and include specific terms in the Party Wall Award, detailing how and when access should occur.
  2. Step 2: Legal Action
    If access is still denied, the building owner can apply to the County Court for an order enforcing the right of entry.

Tip: It’s always best to resolve access issues through clear communication before resorting to legal action.

Responsibilities of the Building Owner

With the right to enter comes important responsibilities:

  • Repair Any Damage — You must fix or compensate for any harm caused to the neighbour’s property during access.
  • Restore the Land — After the work is complete, restore gardens, paving, or fences to their original condition.
  • Ensure Safety and Insurance — Contractors should have appropriate insurance and adhere to health and safety rules to prevent accidents.

The Role of Party Wall Surveyors

Surveyors act as impartial experts, helping both parties by:

  • Drafting clear access arrangements in the Party Wall Award
  • Setting access hours and conditions
  • Mediating disputes before they escalate
  • Assessing damage claims objectively

Tips for Smoother Rights of Entry

  • Talk Early: Have a friendly conversation with your neighbour before sending formal notices.
  • Document Everything: Keep copies of all notices, photos of existing conditions, and correspondence.
  • Use Experienced Professionals: Choose surveyors and contractors familiar with party wall procedures.
  • Respect Privacy: Avoid entering sensitive areas unless absolutely necessary.

Common Misconceptions About Rights of Entry

  • “I can enter anytime after giving notice.”
    Not true. Entry must still be reasonable and compliant with any agreed terms or awards.
  • “If they say no, I can’t do the work.”
    You can seek court enforcement or rely on surveyor agreements to proceed lawfully.
  • “I can use their land for storage or parking.”
    No. Access is strictly for the authorised work only.

Final Thoughts

Understanding Rights of Entry under the Party Wall etc. Act 1996 is crucial for anyone involved in boundary-related building work. While the Act grants building owners access to adjoining properties for lawful works, it also protects neighbours with clear rules and safeguards.

Handled professionally—with proper notice, respectful communication, and expert support—Rights of Entry can be managed smoothly and fairly, ensuring your project progresses without neighbourly friction.

📩 Starting work on a party wall or shared boundary?
Consult a qualified party wall surveyor early to ensure compliance and smooth project management. Contact us at team@simplesurvey.co.uk for expert guidance and support.