Why You Need a Crane Oversailing Licence?
You need a crane oversailing license whenever your crane or its load passes over land owned by someone else. Even though there may be no physical contact with the neighbouring property, the act of oversailing still affects their airspace and their legal rights.
Proceeding without consent can result in an injunction that stops the works. This can have significant implications for the programme and the overall cost of the project. Securing the licencein advance ensures that the operation can proceed lawfully and without interruption.
What the Licence Allows
The licence sets out the terms under which oversailing can take place. This will normally include the duration of the agreement, the hours during which the crane can operate and the extent of the airspace that will be affected.
It also addresses practical considerations such as access arrangements if required, the provision of method statements and details of the crane operation. These measures ensure the adjoining owner understands the proposed work and that construction is carried out safely. These measures are intended to ensure that the adjoining owner understands what is proposed and that the works are carried out safely.
Insurance and Indemnity Requirements
One of the key components of a crane oversailing licence is the requirement for appropriate insurance. The adjoining owner expects confirmation that the crane operation carries proper insurance and protects them against damage or injury. The adjoining owner will expect confirmation that the crane operation is properly insured and that they are protected in the event of damage or injury.
The licence will usually include an indemnity in favour of the adjoining owner. This provides reassurance that any loss arising from the oversailing operation will be covered. Without these provisions, it is unlikely that consent will be granted.
Surveyor Involvement and Condition Records
In many cases, the adjoining owner will appoint a surveyor to act on their behalf. The surveyor’s role is to review the proposals, ensure that the terms of the licence are reasonable and, where necessary, record the condition of the neighbouring property before the crane operation begins.
A schedule of condition clearly records the site’s state, allowing you to address any alleged damage quickly and fairly while protecting both parties.
Programme Implications and Early Engagement
Negotiating a crane oversailing licence takes time. You must contact the adjoining owner, agree on terms, and complete legal documentation. Delaying this process until the crane arrives on site can significantly slow the project.
Early engagement allows the necessary discussions to take place without pressure. It also demonstrates a professional approach and helps maintain a positive relationship with neighbouringowners.
A Managed Process for Successful Projects
Crane oversailing is often essential to the successful delivery of a project, particularly in constrained locations. With the correct agreements in place, it can be carried out safely and without dispute.
By addressing the requirement at an early stage, providing clear information and ensuring that appropriate insurance and professional advice are in place, the process can be managed efficiently and the construction programme protected.
For more expert advice on surveying and property matters, check out our range of informative videos on our website or YouTube channel. Harrison Clarke Chartered Surveyors is here to guide you every step of the way!
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