If you’ve just discovered that your neighbour’s contractor wants to come onto your land as part of the planned party wall works, your first instinct might be: “Hang on… can they actually do that?”
Under the wording of the Party Wall etcetera Act 1996, in short, yes, in certain circumstances, they can.
This is tightly governed by Section 8 of the Act. This gives a building owner, who is the owner doing the works, together with their contractors and agents, a legal right of access onto an adjoining owner’s land.
Typical examples of works that give a building owner the legal right of access onto an adjoining owner’s land include; Building or finishing a new wall up to or astride the boundary, or Carrying out certain works to a party wall or party fence wall. A party fence wall is a shared garden wall.
However, the access allowance is not a free-for-all. A few crucial points apply in all scenarios.
First, access must be necessary. If the works can reasonably be done from the building owner’s side of the boundary, then Section 8 will limit the extent and timings that are permitted.
Second, access is usually governed by a Party Wall Award. That Award will set out: The scope of the access, The hours and duration, the Protective measures that need to be in place, such as temporary fencing and ground protection.
Third, you cannot simply refuse access, if it’s properly granted under the Act and set out in an Award, the building owner has the legal right to undertake it.
Any access that is permitted will carefully consider the adjoining owner’s requests and their property. It will also need to ensure that an adjoining owner isn’t left with damage as a result of it. Should this occur, the Party Wall Award sets out damage protocols.
So, if you’re being told your neighbour has a right of access, don’t panic, however don’t ignore it either. Check the Party Wall Award to understand the limits of that access, and raise any concerns with your Party Wall Surveyor so they can be addressed properly and legally.
We understand access is likely to cause concern and will not always be received favourably. A good party wall surveyor will always ensure access discussions are had early in the process and never come as a surprise to the adjoining owner.
If you want assistance with your party wall matter, give us a shout today.