We manage hundreds of Party Wall Awards every year. One clause causes more confusion than any other: access under Section 8 of the Party Wall etc. Act 1996. Below is a clear, practical explainer you can rely on—whether you’re the building owner seeking access or the adjoining owner being asked to allow it.
What Section 8 actually says (plain-English)
A building owner, their 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 the Act, and may move furniture/fittings or take any other action necessary for that purpose.
Key takeaways:
- Access is lawful only for works “in pursuance of the Act.” In practice:
- Section 1: new walls up to/astride the line of junction (boundary)
- Section 2: works to party walls/party fence walls/party structures
- Section 6: adjacent excavations within the prescribed limits
- Usual working hours apply (your Award will normally define these).
- Access is a means to execute the notifiable works, not a general licence to store materials, park plant for convenience, or run your whole site next door.
Who controls access? (Awards, limits & protections)
Although the Act grants the right, the Party Wall Award will govern how that right is exercised. Expect your Award to set out:
- Scope of access: locations, routes, what activities are permitted (e.g., erecting scaffold/hoarding, installing protections, forming foundations from the neighbour’s side).
- Timing: dates, windows, and maximum continuous durations (e.g., “open trenches must be supported/filled within X hours”).
- Protections: fencing/hoarding, debris containment, ground and façade protection, non-percussive/hand tools on party structures, weathering controls once coverings are removed, dust and vibration limits.
- Security & reinstatement: making good any damage without delay; leaving the land clean, stable and secure; removing temporary works when no longer required.
- Access etiquette: reasonable notice before each entry; keys/site contacts; safe guarding of pets, planting and fixtures.
- Insurance & indemnities: evidence of cover; clear responsibility for accidental loss/damage caused by the works.
Tip: If it isn’t written, it’s harder to enforce. Good Awards translate the legal right into specific, enforceable access conditions.
Can an adjoining owner refuse access?
No—provided the access is genuinely required to carry out works under the Act and is exercised in line with the Award. The Act is enabling; adjoining owners cannot charge a ransom for lawful access. They can expect:
- Proper notice,
- Proportionate timing,
- Robust protections, and
- Prompt making good for any loss or damage.
What if access is physically blocked?
Section 8 goes further:
If premises are closed, the building owner’s team may, if accompanied by a constable or other police officer, break open any fences or doors in order to enter.
That wording exists—but in modern practice it’s rarely exercised. Police attendance for civil access is uncommon. If you face obstruction:
- Notify the surveyor(s) immediately;
- Document the obstruction;
- Seek legal advice. Often the proportionate route is an injunction to compel access in line with the Award.
- Keep communications calm and written. Escalate only through formal channels.
“In pursuance of the Act” — what qualifies?
Allowed:
- Erecting scaffold/hoarding to build a Section 1 flank wall to the boundary;
- Hand-tool work to a Section 2 party wall;
- Installing protective sheeting to stop dust passing through a party wall opening;
- Weatherproofing after roof removal under an Award clause.
Not allowed:
- Using the neighbour’s land as general storage, prolonged plant parking, or a site compound without express permission;
- Access outside Award times;
- Access for works not notifiable under the Act.
Practical roadmap (both sides)
For Building Owners & Contractors
- Plan early: design your method so access is necessary and minimal.
- Serve valid Notices and secure an Award before entry.
- Brief your site team on Award conditions (tools, timings, routes, protections).
- Give notice before each visit; be punctual; leave areas clean and secure.
- Fix damage quickly (don’t wait to be chased).
- Don’t overstay—seek Award variations if more time is genuinely needed.
For Adjoining Owners
- Read the Award: highlight access windows, routes, protections, and who to call on the day.
- Make space: remove fragile items from the access route where practicable.
- Keep a log: dates, times, issues—share promptly with surveyors if anything strays from the Award.
- Escalate calmly: if conditions are breached, contact the surveyor(s) for swift correction.
Common pinch points (and fixes)
- Over-broad access requests → Fix: tighten scope to only what’s needed to execute the notifiable works.
- Open trenches left too long → Fix: Award a hard limit (e.g., fill/shore within 12–24 hours).
- Noise/vibration near party structures → Fix: hand-tools / non-percussive methods, time windows, supervision.
- Security worries → Fix: hoarding with lockable gates; contractor ID; end-of-day secure checks.
- Refusal at the gate → Fix: notify surveyors, document, and follow the legal route (don’t force your way in).
Call to Action — Need access agreed cleanly and lawfully?
Simple Survey (RICS) drafts precise, enforceable access clauses, keeps routes and durations proportionate, and gets both sides comfortable with the plan—before boots hit the ground.
Email: team@simplesurvey.co.uk
Fixed fees. Nationwide. RICS-qualified. Basement, extension and structural experts.
Simple Survey — Fixed Nationwide Cost Chart (Guide)
| Service | What’s Included | Fixed Fee (incl. VAT) |
|---|---|---|
| Party Wall Notice (per Adjoining Owner) | Validity check, compliant drafting, service & tracking | £25 |
| Agreed Surveyor Award | One impartial surveyor acting for both owners | £300 |
| Building Owner’s Surveyor Award | Acting for Building Owner in a two-surveyor appointment | £300 |
Our fees are always fixed. We’re nationwide. We’re experienced and RICS-qualified.
FAQ
Q1: Can the adjoining owner charge me for access?
A: No. Lawful Section 8 access isn’t a paid licence. However, you must make good any loss or damage you cause.
Q2: Can we have access without an Award?
A: Risky. The right exists in law, but the Award turns it into clear, enforceable conditions (timing, protections, routes). Always secure an Award first.
Q3: What counts as “usual working hours”?
A: Your Award will set these (often 08:00–18:00 weekdays, 08:00–13:00 Saturdays; Sundays/Bank Holidays usually prohibited).
Q4: Can access be used for storage or plant parking?
A: Not by default. Section 8 access is to execute notifiable works. Any broader use needs express consent and will not be imposed by the Act.
Q5: What if the neighbour locks the gate on the day?
A: Tell the surveyor(s) immediately and take legal advice. Police-accompanied forced entry exists in the Act’s wording, but injunctive relief is the modern, proportionate route.
Q6: We need longer than the Award allows—now what?
A: Ask the surveyor(s) before you overrun. They can agree a variation/extension if justified and proportionate.
Ready to turn access from a flashpoint into a formality?
Email: team@simplesurvey.co.uk — we’ll keep it polite, precise, and fully compliant.