When works fall under the Party Wall etc. Act 1996, access is often the make-or-break issue. Scaffolds, flashing into a neighbour’s wall, raising or repairing a party fence wall, or excavation close to a structure—all can require stepping onto the adjoining land. Handled well, access is routine. Handled badly, it can stall a project, inflate costs, and sour relations.
This guide explains your legal right of access, when a neighbour can say “no”, what to do if they refuse, and how to keep everything proportionate, safe and lawful.
Section 8, Your legal right of access
- What it covers: Access needed to carry out work in pursuance of the Act (e.g., notifiable works under Sections 1, 2 or 6) and to do what is necessary for that work (erecting scaffold/hoarding, temporary weathering, protection, etc.).
- Notice: Give the adjoining owner not less than 14 days’ written notice (shorter only for genuine emergencies).
- Obligation to make good & compensate: You must make good any damage and compensate the adjoining owner for actual loss caused by exercising access—think lost parking, garden reinstatement, or reasonable re-routing of services.
- Time and manner: Access must be reasonable, for necessary periods, and executed without unnecessary inconvenience. Terms are usually set out expressly in the party wall award (e.g., hours, protection, safeguarding, reinstatement).
Access is a work-enabling right. Keep it strictly tied to the notifiable works and proportionate to the risk.
When can a neighbour refuse?
An adjoining owner cannot unreasonably withhold access where it is properly notified and necessary for notifiable works. However, they can legitimately insist on:
- Proper notice (correct form and timing).
- Reasonable timing (e.g., no Sunday works; alignment with council hours).
- Proportionate methods (e.g., a light tower scaffold instead of a full-wrap if that’s sufficient; protection to planting; discrete storage).
- Security for expenses (Section 12) where risk profile warrants it.
- Assurances on reinstatement and making good.
If you haven’t served valid notices, or you’re seeking access for non-Act works (e.g., purely decorative items), the neighbour can refuse.
What if access is refused?
- De-escalate first: Reconfirm scope, dates and safeguards in writing. Offer practical adjustments (shorter windows, alternative scaffold ties, temporary screening, path protection, etc.).
- Use the award: If there’s a dissent, surveyor(s) will set clear access terms under Section 10(12) (“time and manner of executing any work”). That award is binding unless appealed.
- If the premises are closed: Section 8(2) allows entry with a constable or police officer and the power to break open fences or doors to enter. In practice, this is a last resort—document thoroughly, minimise damage, and reinstate.
- Court options: In rare cases of continued obstruction contrary to the Act/award, owners seek an injunction compelling access. This is slower and costlier than compliance, so keep matters inside the Act wherever possible.
Golden rule: Keep access necessary, short, and well-managed. You’ll rarely need to escalate if your method and paperwork are tight.
Practical access playbook
- Start early: Flag access in your first neighbour conversation. Share simple drawings/method notes so the need is obvious.
- Be specific: Dates, hours, zones, plant, storage, protection and reinstatement—clarity reduces fear and refusals.
- Minimise footprint: Choose the least-intrusive setup that still achieves the job safely.
- Protect & tidy: Lay boards, netting, debris control, daily tidy, and end-of-period reinstatement.
- Pay quickly for proven loss: A small goodwill payment for genuine inconvenience can save weeks of friction.
- Record the admin trail: Clear notices, confirmations and responses matter if you ever need to enforce the right.
Costings (what to budget)
Transparent, fixed pricing
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted).
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee, depending on complexity and number of notices/owners.
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side. (The Adjoining Owner’s surveyor often bills hourly; we work to keep those costs reasonable and contained.)
- Complex works (deep excavations, multi-owner blocks): we’ll still offer the fixed pricing as above!
- No surprises, no creeping extras. You’ll know the number before we start.
FAQs
Do I always need 14 days’ notice for access?
Yes for standard notifiable works. Only genuine emergencies justify shorter notice (e.g., urgent weathering to prevent water ingress).
Can my neighbour charge a “licence fee” for access under the Act?
No—compensation for actual loss is payable, not a rent. Reasonable consequential costs are claimable (e.g., moving a vehicle that can’t be used, reinstating disturbed planting).
Can I demand access to finish non-notifiable works?
No. The Section 8 right is tied to works in pursuance of the Act. Keep access requests strictly linked to notifiable items.
What if my neighbour ignores the award’s access terms?
They risk injunctions and adverse costs. Usually, a firm letter citing the award and a short compliance deadline resolves it.
Can the award restrict when and how we access?
Yes. Expect conditions on hours, methods, protection, storage, debris control, and reinstatement. Those keep access lawful and proportionate.
Who pays for access arrangements?
Generally the Building Owner, as the party benefiting from the works, including the other side’s reasonable costs attributable to access under the Act.
The takeaway
Access is a statutory right when used correctly—grounded in valid notices, necessary scope, and proportionate methods. If you plan early, communicate clearly, and keep access tight and tidy, refusals are rare and projects keep moving.
Need fast, fixed-fee help to secure lawful access (and handle refusals) the right way?
Email team@simplesurvey.co.uk for a clear plan, compliant paperwork, and an award that keeps your programme on track—without drama or hidden costs.