Most neighbours are surprised to learn the Party Wall Act doesn’t just regulate notices and awards—it also grants temporary access rights over adjoining land so notifiable works can be done safely and properly. That power lives in Section 8.
Here’s what you need to know, in plain English.
What is Section 8?
Section 8 gives a Building Owner (and their contractors) a statutory right of access onto an Adjoining Owner’s land when it is necessary to carry out works in pursuance of the Act. In practice, that means access can be required for works notified under:
- Section 1 – new walls at or astride the boundary (line of junction)
- Section 2 – works to party walls/party fence walls/party structures
- Section 6 – adjacent excavations within 3m or 6m
If the work is genuinely notifiable and can’t reasonably be carried out without stepping onto the neighbour’s land (for example, building a flank wall face, applying weathering, or installing flashing), Section 8 can permit that access—even if the neighbour objects.
How is access actually granted?
Access isn’t a free-for-all. It is defined and controlled through the Party Wall procedure:
- Serve the correct Notice(s) (Sections 1/2/6) within the statutory lead-in.
- If there’s a dissent, surveyor(s) are appointed under Section 10.
- The surveyor(s) then decide access needs in the Party Wall Award.
A well-drafted Award will set strict conditions to balance necessity against nuisance, typically including:
- Minimum reasonable access only for the notifiable works
- Notice of entry (usually 14 days unless emergency)
- Days/hours of access (often aligned with local construction hours)
- Protection measures (hoarding, sheeting, debris control, security)
- Scaffold/licence terms (tie-ins, bridging, alarms if needed)
- Temporary reinstatement and final making-good
- Indemnity and insurance requirements
In short: Section 8 access is controlled, temporary, and proportionate—not a licence to disrupt.
Do I have to let them in?
If access is awarded (or otherwise properly required under Section 8 with notice), the Adjoining Owner must allow it. Refusal after valid notice and an Award can escalate:
- Preventing a statutory right of entry is an offence under the Act.
- Where entry is reasonably required and refused, the Building Owner may, after proper notice, enter by opening fences/doors accompanied by a police officer.
That’s the legal backstop. In reality, clear Awards and respectful contractors keep things calm and cooperative.
Why neighbours feel blindsided—and how to avoid that
Most pushback happens when access is raised late. Bring it up early—ideally when serving Notices:
- Explain why access is necessary (e.g., to finish a wall face that the neighbour will see forever).
- Share draft method statements and protection proposals.
- Offer sensible timings (avoid school runs, religious holidays, etc.).
- Confirm insurance and swift making-good on demobilisation.
Early, practical discussion turns a potential flashpoint into a manageable, neighbourly arrangement.
Key takeaways
- Section 8 only applies to works in pursuance of the Act (Sections 1/2/6)—not to every site task.
- Access is not optional once properly awarded; it’s a legal right, regulated by strict conditions.
- If access is unreasonably refused, the Act provides for enforcement with police accompaniment.
- The best outcomes come from early disclosure, clear Awards, and considerate site practice.
Make Section 8 painless with Simple Survey
We’ll ensure your access needs are properly justified, carefully limited, and clearly protected in the Award—so work proceeds smoothly and relationships stay intact.
Our low, transparent fees:
- 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)
Next step:
Email your drawings and address to team@simplesurvey.co.uk. We’ll confirm what’s notifiable, map any Section 8 access requirements, and draft a robust, balanced Award that keeps your build moving and your neighbour protected.
Simple Survey — the most cost-effective Party Wall surveyors in England & Wales, and experts at hassle-free Section 8 access.