Planning a loft, extension or basement and wondering whether you can swing a crane over next-door’s garden or drop a scaffold on their land? Two routes might apply:
- Licence to Oversail / Scaffold Licence – a private agreement (a licence) for your works or equipment to pass over or rest on a neighbour’s airspace/land.
- Section 8 Access (Party Wall etc. Act 1996) – a statutory right of entry to a neighbour’s land only where it’s necessary to carry out notifiable party wall works.
This article explains the difference, where each applies, and how to keep relationships and projects on track.
The Quick Answer
- Crane jib or lifting across a neighbour’s land/airspace?
That’s oversailing. You’ll usually need a licence from the neighbour. The Party Wall Act doesn’t grant crane rights. - Putting scaffold/temporary works on the neighbour’s land purely to reach or safely execute notifiable works (e.g. cutting into, exposing or underpinning a party wall)?
That might fall under Section 8 access, if it’s necessary for the notifiable works and no reasonable alternative exists. Access must be temporary, reasonable and with proper safeguards. - Scaffold bridging over a boundary without touching the neighbour’s land?
Often neither route is required (but design carefully; loading/footings must not trespass).
What “Oversailing” Actually Means
Oversailing is when part of your plant or equipment passes through or occupies the neighbour’s airspace (most commonly a tower crane jib, mobile crane boom, or scaffold that physically bears on their land). Because it’s a trespass unless agreed, you obtain a Licence to Oversail (sometimes paired with a Scaffold Licence if you rest standards or kentledge on their land).
Key points of an oversailing/scaffold licence:
- It’s a private contract between Building Owner and Adjoining Owner.
- It sets time limits, working hours, safety protocols, indemnities, and insurance.
- It usually covers protective measures, condition records, and compensation for any loss/damage.
- If money changes hands, it’s typically framed as consideration or compensation for inconvenience/occupation.
Tip: Even if your crane never sets down on their land, if its path oversails their airspace, you still need permission.
What Section 8 (Access) Actually Covers
Section 8 of the Party Wall etc. Act 1996 allows temporary entry onto the Adjoining Owner’s land to do notifiable works and all necessary incidental works to execute them safely.
Access is likely appropriate where:
- Works are notifiable under Sections 1, 2 or 6 (for example: cutting into a party wall to insert steels; underpinning; exposing and weather-proofing; excavating for foundations within the Act’s limits).
- Access is necessary to execute those notifiable works and there’s no practical, safe, or reasonable alternative from your own land (e.g., you cannot complete the work from your side even with cantilevered scaffold).
- The occupation is temporary, proportionate, and controlled, with protection to the neighbour’s property.
Access does not usually extend to:
- Cranes oversailing airspace for general logistics.
- Bringing in materials/plant unrelated to the notifiable operations.
- Long-term siting of welfare, storage, skips or unrelated scaffolds.
Conditions that typically accompany Section 8 access:
- Reasonable notice (14 days unless agreed otherwise).
- Making good and indemnity for damage.
- Protection (hoarding, fans, sheeting), and hours aligned with local control.
- Temporary works designed and removed promptly once the need ends.
- Schedule of Condition before entry.
Oversailing vs Section 8 — Side-by-Side
| Question | Oversailing/Scaffold Licence | Party Wall Act – Section 8 Access |
|---|---|---|
| Source of right | Private licence by agreement | Statutory right (for notifiable works) |
| Typical use | Crane jib overflying; scaffold bearing on neighbour’s land; hoists | Close-quarter access to build/repair notifiable works where necessary |
| Can be imposed without consent? | No – needs neighbour’s agreement (or an injunction may stop you) | Yes, if necessary and properly noticed, but must be reasonable/proportionate |
| Payment | Often includes consideration/compensation | Generally no rent, but damage must be made good |
| Duration | As per licence terms | Only as long as necessary |
| Disputes decided by | Civil courts / negotiation | Party Wall Surveyors/Award for the notifiable works and access terms |
How Surveyors Typically Document This
- For Section 8 access: the Party Wall Award often sets the access window, notice periods, protection, methods, and making-good obligations.
- For oversailing: surveyors (or solicitors) help draw up a separate licence, sometimes accompanied by, insurance confirmations and safe-system method statements.
Good practice: Keep the two documents separate. The Award deals with party wall matters; the licence deals with temporary occupation/airspace rights.
What Adjoining Owners Usually Want to See
- Clear dates and hours of the access/oversailing.
- Method statement & risk assessment (lifting plans; exclusion zones; wind protocols).
- Proof of insurance (public liability; contractor’s all risks; named parties).
- Protection proposals (hoarding, fans, debris netting, alarms).
- Security (keys/escorts) and contact details for the site lead.
Do’s and Don’ts
Do
- Design to avoid oversailing where feasible (shorter jib, different logistics).
- Engage early with neighbours; set realistic windows.
- Keep access strictly for necessary notifiable works.
Don’t
- Assume the Party Wall Act gives you a right to crane oversail—it doesn’t.
- Leave access/scaffold details vague in the Award/licence.
- Occupy the neighbour’s land longer than necessary.
- Forget to remove protections and make good promptly.
FAQs
Can a neighbour refuse Section 8 access?
If access is necessary for notifiable works and properly managed, the Act provides a right of entry. Disputes about scope, timing and protections are typically resolved via the Award. Reasonableness is key.
Can a neighbour refuse a crane oversail?
Yes. Oversailing is by agreement. If refused, you must redesign logistics or negotiate a licence.
Can a Party Wall Award “grant” crane oversailing anyway?
No. An Award can’t create rights over airspace that the Act doesn’t cover. Use a separate licence.
What if the neighbour asks for a fee for oversailing?
That’s a commercial negotiation. Many licences include consideration for the temporary interference and management burden.
Do I need access/oversailing to serve notices?
No. Notices are paper steps. Access/oversailing relate to execution of works.
Next Steps
- If you’re planning works and unsure whether you need Section 8 access or an oversailing licence, we can:
- Review drawings and method statements,
- Advise on necessity vs convenience,
- Draft Award access clauses and/or licence heads of terms,
Want a quick view on your scheme? Send the drawings and a brief of your intended logistics and we’ll point you to the right route.
Keep costs sensible
At Simple Survey, we keep the process lean and the paperwork tight, so you get a defensible Award without over-engineering:
- 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 and 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)
No padding. No “mystery” charges. Just clear advice and compliant paperwork.
Email your drawings and a short description of the works to team@simplesurvey.co.uk.
Simple Survey — impartial Awards, valid process, sensible fees.