If you’re planning construction or renovation works that may affect your property boundary, the Party Wall Act 1996 gives you specific rights to access your neighbour’s land in certain circumstances. These rights ensure that necessary works, such as building, excavation, or raising/rebuilding party walls, can be carried out safely and legally.
Right of Access for Party Wall Works
When you serve a Notice under Section 1 of the Party Wall Act (for example, to build a new wall along the boundary line), or Section 2 (to raise or rebuild a party wall), you gain the right to access your neighbour’s land in order to complete the work. This access extends to actions required for excavation works (under Section 6) where you may need to place safety hoardings to protect adjoining neighbours during the project.
According to the Act, you, as the Building Owner, are entitled to enter your neighbour’s land for the purpose of executing these works, even if your neighbour objects. However, this right is not without limits – it is solely for the purposes of carrying out the work and does not extend to using their land as a storage space for materials or as a site compound.
How Long Can You Occupy Your Neighbour’s Land?
The duration for which you can access your neighbour’s land depends on the nature of the works being carried out. For smaller projects like a domestic extension, the period could range from 4 to 10 weeks. For larger developments, such as constructing a multi-storey building, the duration could extend up to 2 years. These timeframes will be determined by the appointed Party Wall Surveyor(s) and stipulated in the Party Wall Award.
Minimising Inconvenience and Disruption
While the Party Wall Act allows you to carry out the necessary works, it’s crucial to maintain good relations with your neighbour to ensure the project progresses smoothly. At Arun Associates, we recognise the importance of balancing your rights with your neighbour’s interests, and work closely with all parties to minimise disruption and protect their property. Our surveyors assess the scale of your project, create a suitable works programme, and agree on protective measures to safeguard the adjoining property.
Once your work is complete – whether that’s laying foundations, building the new wall, or erecting hoardings – you will need to remove any temporary structures, such as hoardings, and reinstate the neighbour’s land to its original condition.
For expert guidance on Party Wall matters or to initiate a Party Wall Award, please reach out to team@simplesurvey.co.uk.