The Party Wall etc. Act 1996 grants building owners certain rights of access over a neighbour’s land — but these rights are not unlimited. Section 8 sets out two key conditions:
- The work must fall under the Act
Access is only permitted where the works are those described in Sections 1, 2, or 6 of the Act. Examples include:- Excavating for the foundations of a new party wall
- Constructing a new party wall
- Demolishing and rebuilding an existing party wall
Other works close to the boundary, such as raising a wall on the line of junction, may still require neighbourly cooperation — but they do not give an automatic legal right of access.
- The access must be genuinely necessary
The right of access does not apply if the work can reasonably be completed without going onto the neighbour’s land, even if avoiding access increases the cost or duration of the project.
For instance, when building a rear extension, a homeowner may prefer to keep scaffolding or hoarding in a neighbour’s garden for the whole project. However, that would not be considered “necessary” under the Act. Instead, access should only be taken for the minimum time required to carry out the relevant works, ensuring that the neighbour regains full use of their land as quickly as possible.
Notice Period and Conditions of Access
- A building owner must provide the adjoining owner with 14 days’ written notice before entering their land.
- This notice period can be shortened if both parties agree.
- Importantly, the notice can be served before the Party Wall Award is finalised, so works can start without unnecessary delay once consent or an award is in place.
The terms of access are usually agreed by the appointed surveyors and set out clearly in the Party Wall Award. Safeguards typically include:
- Erecting protective hoarding or fencing
- Safeguarding paving, driveways, or surfaces
- Temporarily moving plants or garden features
What If Access Is Refused?
If access is required under the Act, it is unlawful for the adjoining owner to deny entry. The legislation even allows, in extreme cases, for the building owner (or their contractors), accompanied by a police officer, to force entry by removing fences or gates.
This highlights the importance of following the correct legal process and ensuring surveyors set out fair and reasonable access arrangements that minimise inconvenience to the adjoining owner.
✅ At Simple Survey, we specialise in making sure access rights are exercised properly, fairly, and with minimal disruption. If you need expert guidance on your Party Wall obligations, contact the UK’s cheapest party wall surveyors today at team@simplesurvey.co.uk.