When you’re carrying out building work on your property, you may encounter situations where you need to access areas that are usually off-limits, most commonly when erecting scaffolding on your neighbour’s land. Navigating this can often be confusing, especially in relation to the Party Wall Act and its provisions. Today, we’re breaking down everything you need to know about Party Wall access arrangements.
Does the Party Wall Act Allow You to Access Your Neighbour’s Land?
Yes, under specific conditions. Section 8(1) of the Party Wall etc. Act 1996 grants building owners the right to access a neighbouring property, provided certain conditions are met. It states:
“A building owner, his servants, agents, and workmen may, during usual working hours, enter and remain on any land or premises for the purpose of executing any work in pursuance of this Act, and may remove any furniture or fittings to take any other action necessary for that purpose.”
So, if you’ve served a Party Wall Notice on your neighbour, you are legally entitled to access their land to carry out the notifiable works. However, it’s essential to remember that this right is only applicable for the construction work outlined in the notice—not for anything unrelated.
Which Works Give You the Right to Access a Neighbour’s Land?
Access is generally permitted for specific works under the Party Wall Act. These works are outlined under the following sections:
- Section 1 – Constructing new walls on the line of junction
If your works involve building a new wall on the boundary line or adjacent to your neighbour’s property, you have the right to access their land to complete the work. - Section 2 – Raising, rebuilding, or altering a party wall or fence
If you’re altering or rebuilding an existing party wall or party fence, this section grants you access to your neighbour’s land. - Section 6 – Excavation and foundation work
When excavating close to your neighbour’s property, particularly for new foundations, you may need access to ensure hoarding or protection is in place.
In all of these cases, you only have access to carry out the necessary work. You cannot use your neighbour’s land for anything else, like storing materials or setting up equipment.
How Do You Arrange Access?
If you need to access your neighbour’s land during construction, a 14-day notice must be served. This notice should clearly outline:
- The type of works you will be carrying out.
- How the works will require access to their land.
- The dates and times when access will be needed.
Remember, this access should be strictly for the works stated in the Party Wall notice. For example, you can’t gain access to install guttering or carry out unrelated tasks.
When Can You Gain Access, and For How Long?
Your Party Wall surveyor will review your plans to determine if access is necessary for completing the works. If they conclude that access is needed, the details will be included in the Party Wall Award. This will specify:
- When you are allowed to access the neighbour’s land.
- How long you can stay on their property for the works.
What if I’m the Adjoining Owner? What Happens if My Neighbour Wants Access to My Land?
If you’re the adjoining owner and your neighbour needs access to your property, it can be a bit unsettling. The good news is, the Party Wall surveyor will work with you to minimise disruptions and ensure the work goes smoothly with minimal inconvenience to your property.
Steps typically taken to reduce disruption include:
- Protective hoarding: This is especially crucial if there are young children or pets around. Hoarding will help contain any dust, debris, or materials that might spill into your space.
- Dust and debris control: Surveyors will make sure builders take appropriate steps to minimize the mess and prevent it from reaching your property.
I Don’t Want to Upset My Neighbour – What Can I Do?
As the building owner, maintaining a positive relationship with your neighbour is essential. A friendly and cooperative approach will make your project smoother and reduce the chances of disputes arising. Here’s how to foster good relations:
- Communicate early: Keep your neighbour in the loop about the planned works, and provide them with clear timelines and expectations.
- Be respectful: Ensure that your contractors are respectful of your neighbour’s property and privacy. A polite approach goes a long way in avoiding tensions.
- Consider their concerns: Address any worries your neighbour might have about access, disruptions, or potential damage, and show them you are taking steps to prevent these issues.
Maintaining an open line of communication and demonstrating a willingness to cooperate can significantly reduce the risk of conflicts and ensure that the building work proceeds smoothly.
Final Thoughts
Party Wall access arrangements can be tricky, but with proper planning and clear communication, both parties can benefit. If you’re unsure about anything related to your obligations under the Party Wall Act, it’s always a good idea to consult with an experienced Party Wall surveyor. At Simple Survey, we’re here to guide you through the process and help you navigate any potential challenges along the way.
If you’re planning a building project and need assistance with Party Wall issues, don’t hesitate to reach out to us for advice or support.