Does the Party Wall Act Give You Access to a Neighbour’s Land?
Yes, in certain situations. Section 8 (1) of the Party Wall etc Act 19996 states that:
‘A building owner, his 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 this Act, and may remove any furniture or fittings to take any other action necessary for that purpose.’
If a party wall notice has been served on an adjoining owner, then it provides the building owner with the legal right to access their neighbour’s land if it’s needed to complete the notifiable works.
What Notifiable Works Gives You This Right of Access?
If a notice is served under Section 1 to build a new wall along the line of a junction, then you have a right of access to your neighbour’s land. This could be either to build a new wall orparty fence wall along the line of junction itself, or it could be wholly on your side of the boundary.
If the notice is served under Section 2 to raise or rebuild a party wall or party fence, you will also have a right to access to complete that work.
If you served notice under Section 6 to excavate for foundations and you need access to provide hoardings or protection to your neighbours, once again you have right to access.
It’s important to remember, under all of these instances, that you only have a right to access to complete necessary works. You don’t have permission for access for anything else. It would be unreasonable of you to, for example, store materials on your neighbour’s land.
There are more examples of course, and the circumstances will always be a little bit different. We would always advise you to speak to your surveyor as soon as possible if you think you’ll need access to carry out your works.
How Do I Arrange Accessing My Neighbour’s Land?
If you want to gain access to your neighbour’s land during construction, you will need to serve them a 14-day notice. This notice should inform them of your intentions, and of the works you will be completing while using this access. Remember that you only have a right to access to carry out notifiable works, and you can’t gain or use access for other things – like installing guttering.
When Can I Gain Access And For How Long?
Your surveyor will review the plans and your proposals to determine if access is necessary for you to complete the works. If they decide that you do need access, they will assess whether you have the right to access under the Party Wall Act. If you do, then this will be documented in the party wall Award, along with dates and lengths of time.
I’m An Adjoining Owner And I’m Worried About Neighbour’s Accessing My Land
If your neighbour is carrying out works, then the party wall surveyor or surveyors will work with you to reduce the risk of nuisance to your property, especially when it comes to access. We know how disruptive it can be to have people coming and going all the time, and no one wants to cause that!
Part of the way we reduce this is by ensuring that suitable protective hoarding is in place around the works. We’ve found this to be particularly important when there are children or pets living next door! We will also ensure that builders are taking appropriate measures to reduce the risk of dust and debris from getting into your property.
The surveyors will also carry out something called a photographic schedule of condition. This documents the condition of your property, the grounds and boundary treatments so that you have evidence if anything should happen and your property is damaged. This helps to ensure they will return your property to the condition it was in before works started.
I Don’t Want To Upset My Neighbour
As the building owner, it’s of course in your best interests to maintain a good relationship with your neighbour. This not only ensures that your project goes ahead smoothly, but it limits the risk of causing damage to your neighbour’s property and the associated costs that go with it.
At Harrison Clarke, we work closely with building owners and adjoining owners alike to make sure that access arrangements work for both parties. We want to help, to protect both parties and to maintain your relationship, which is why we take a very holistic approach to party wall matters. If you need any help or support with your party wall matters, our experts are here to help.
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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