It can feel intrusive to see “access to the Adjoining Owner’s land” written into a Party Wall Award—especially when it’s your garden, side return or driveway. The good news: this isn’t a free-for-all. Access is a limited, legal right under the Party Wall etc. Act 1996, granted only where it’s necessary to carry out the notified works safely and without causing unnecessary inconvenience.
Below, we explain why access is sometimes awarded, what it doesn’t allow, and how the Award should protect you.
The legal basis: Section 8 of the Act
Section 8 gives the Building Owner (and their contractor) a statutory right of access to neighbouring land when it is necessary to execute works “in pursuance of the Act.” In plain English, if the works can’t reasonably be done from the builder’s side—think finishing a flank wall, installing flashing at the boundary, or digging close-proximity foundations—access can be compelled, but only to the extent required.
The Award doesn’t “take sides”: it enables the Building Owner’s rights while regulating them to protect you.
Why access gets awarded
Typical situations include:
- Finishing and weathering a boundary wall (e.g., laying brickwork true and plumb, installing lead flashing, applying render/finish facing your side).
- Safe excavation or underpinning near your foundations—short, staged digs often require a working margin beyond the line of junction.
- Scaffold necessity where a ladder from the builder’s land would be unsafe or physically impossible.
- Protection measures—temporary hoarding, debris netting, or ground protection to prevent damage.
Surveyors must test necessity and proportionality. If the work can be done practically from the Building Owner’s side, access should not be awarded.
What access doesn’t allow
An access clause is not a blank cheque. The Award should set clear limits:
- Scope: Only for the notified party wall works—not for unrelated jobs.
- Timing: Usual working hours (and often stricter hours for noisy tasks).
- Duration: Only for the period genuinely needed, with removal of scaffold/plant as soon as practicable.
- Area: The minimum footprint required—e.g., a defined scaffold line or pad positions, not your whole garden.
- Method: How access is to be taken (e.g., via side gate; no internal access unless expressly required).
- Protection: Boards over paving, ground protection in soft landscaping, sheeting to planting/fences, dust control.
- Making good: A duty to reinstate and repair any damage promptly and to a comparable standard.
- Insurance & indemnity: Evidence of insurance and an indemnity for losses flowing from the access.
If you don’t see these safeguards in your Award, ask the surveyor(s) to clarify or issue a supplementary award.
Why your consent isn’t always required
Because Section 8 is statutory, you can’t refuse necessary access once it’s awarded. That may feel counter-intuitive, but it prevents stalemate and reduces the risk of shoddy workmanship from over-reaching or unsafe methods. In return, the Award gives you control mechanisms (conditions, protection, timing, reinstatement) and a clear route to remedies if things go wrong.
Common concerns—and how the Award addresses them
“I’m worried about damage.”
The Building Owner must make good damage caused by the works. Awards often require pre-works recording of the relevant areas and set out how repairs or payments in lieu will be handled.
“I don’t want long-term clutter.”
Access should be temporary. The Award can require staged removal of scaffold and a final date for clearance.
“What if they don’t follow the rules?”
Non-compliance with an Award can be enforced. Tell the appointed surveyor(s) immediately; they can inspect, direct compliance, or issue a further award. Persistent breach can be escalated legally.
“Can I insist on a different method that avoids access?”
Surveyors will consider alternatives. If a safe, practical method exists that reasonably avoids access (e.g., cantilever scaffold from the Building Owner’s side), they shouldn’t award access. But if alternatives are unsafe, non-compliant, or would cause greater inconvenience/damage, access is usually the least intrusive route.
“Can I ask for money upfront?”
Where risk is material (e.g., significant excavation), the Adjoining Owner may request security for expenses—a sum held to cover reinstatement if works are abandoned or damage occurs. The surveyors decide if it’s justified.
When to challenge or seek variations
You can’t veto necessary access, but you can seek a variation if:
- The access area or duration seems larger/longer than necessary.
- Protection measures are missing or inadequate.
- Hours clash with specific needs (e.g., clinical work from home; disability access).
- You’d prefer a different scaffold line or route with equal practicality and less impact.
Raise it early with your surveyor; pragmatic tweaks are common.
Practical tips during access
- Agree a short site induction: who’s allowed in, gate protocol, no smoking, welfare, pet safety.
- Mark “no-go” areas clearly (beds, ponds, play areas).
- Keep a dated photo log of the access route/areas before, during and after.
- Report issues promptly to the surveyor(s) so they can direct corrections in real time.
Keep costs—and friction—down with Simple Survey
Clarity and proportionate conditions are what stop access from becoming an argument. We draft tight, practical access clauses that get the job done and protect you.
Simple Survey fixed fees:
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted)
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee (scope- and owner-count dependent)
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 (we also work to keep your neighbour’s surveyor’s hourly fees reasonable and contained)
Ready to Get the Party Wall Procedures underway?
Email your drawings and postcode to team@simplesurvey.co.uk. We’ll flag any notice pitfalls, confirm whether Agreed Surveyor is realistic for your scheme, and send a fixed-fee plan you can approve in minutes.