If you’ve served a Party Wall Award and now face resistance from a neighbour when trying to complete the work, you’re not alone. Fortunately, the Party Wall etc. Act 1996 has provisions to deal with precisely this situation.
Access Rights Under the Party Wall Act
In most cases, access to a neighbour’s land is agreed amicably without much issue. But occasionally, an adjoining owner may refuse or restrict access, whether for personal reasons, misunderstanding, or dispute.
This can cause real delays, increase project costs, and heighten tensions — which is why Section 8 of the Act exists: to protect a building owner’s right to complete notifiable work.
🔐 Understanding Section 8: Right of Entry
Under Section 8(1) and (2) of the Party Wall Act:
“A building owner and their contractors may, during working hours, enter and remain on any land or premises for the purpose of executing any work in pursuance of this Act…”
This includes the power to remove obstacles or even, where necessary and with police presence, forcibly gain entry if access is unlawfully denied.
But — and this is key — entry can only be for notifiable work, and proper procedure must be followed.
📝 Serving a Section 8 Notice (Notice of Entry)
Before exercising any access rights, a Section 8 Notice (also known as a Notice of Intention to Access Land) must be served in writing, at least 14 days before access is needed.
The access must relate specifically to notifiable works under the Act. You cannot use these powers simply for convenience or to access your own build more easily.
🔍 What Counts as Notifiable Work?
Let’s break it down with a common example:
- Example 1: NOT covered
You’re building an extension entirely on your land, 125mm inside the boundary. While the excavation may be notifiable under Section 6, building the wall itself isn’t — so no access rights apply for finishing or rendering the flank wall. - Example 2: Covered
You’re building a wall astride the boundary (a party wall). In this case, access would be permitted under the Act to construct and complete the work.
In short: only work governed by the Act gives rise to a right of access.
🤝 Disputes Over Access: Role of Surveyors
If you’ve served a valid Section 8 Notice but the adjoining owner disputes the need for access, this becomes a formal dispute under the Act.
At this point, the appointed Party Wall Surveyor(s) must review the facts — such as:
- Whether the work is genuinely notifiable
- Whether access is strictly necessary to carry out that work
The surveyor(s) will then make a decision through a further Award, either granting or refusing access.
On smaller projects, this process can be swift — especially where the surveyor is already familiar with the site and scope of work.
💬 Our Advice: Avoid Conflict, Engage Experts
While the Act gives building owners extensive access rights, enforcing them (especially forcibly) should be a last resort.
In most cases, a practical solution can be reached through clear communication and an impartial surveyor who understands the law and the human side of neighbourly disputes.
At Simple Survey, our Party Wall Surveyors take a calm, solution-focused approach. We aim to mediate, resolve, and avoid the stress and cost of litigation wherever possible.
📩 Need Help Gaining Access for Notifiable Works?
Let us take the stress out of your Party Wall issue.
Email team@simplesurvey.co.uk for advice, support, or to appoint an impartial surveyor today.