Surrey & London: 07834 761 411
Surrey & London: 07834 761 411
Securing access to a neighbour’s land can sometimes be vital to carrying out construction work.
In general, a neighbour does not have to allow access to your contractors onto their property, as there is no automatic right to access a neighbour’s land for new construction work, other than under the provisions of the Party Wall Act, where there are a few exceptions.
“Your neighbour must allow surveyors and workmen access to their property during usual working hours to carry out the building works. They must be given 14 days’ notice except in an emergency.” – GOV.UK (Party Walls)
Key Takeaways
Section 8 of the Party Wall Act allows access to the neighbouring land, which includes:
While the Access to Neighbouring Land Act 1992 and the Party Wall Act 1996 are separate, they are often related laws in England and Wales to deal with property boundary disputes and rights.
The Access to Neighbouring Land Act 1992 allows adjoining property owners to apply for a court order that permits them access to a neighbour’s land for essential maintenance, repairs or preservation of their own property. If you have no current agreement in place or other legal right to access a neighbouring property, the courts can often grant access if your work is reasonable and necessary and causes no hardship to the neighbour.
In relation to the Party Wall Act, if work requires you to access your neighbour’s land but the Agreement in place does not explicitly grant access, then owners can fall back onto the Access to Neighbouring Land Act 1992 to seek legal permission.
However, as the Party Wall Act typically provides specific rights of access for the work outlined, the 1992 Act is usually not necessary unless additional access is required beyond what the Act allows.
In typical circumstances, the neighbour won’t automatically have the right to access your land for new construction, like building an extension or conservatory.
However, certain rights are applied under the Party Wall Act. These rights will allow your neighbour to carry out necessary work that affects shared structures, such as party walls or boundary lines.
Under the Act, if access to your land is essential for the construction or repair work to party walls and adjacent structures, you will have to allow temporary access.
However, they must give you proper notice and take all reasonable steps to minimise disruption.
After serving you with written notice of the work they plan to do, your next step is to agree in writing. If you disagree or a dispute arises, a party wall surveyor can be appointed to ensure that both parties are satisfied and that their rights and interests are protected, so that work can proceed smoothly and in accordance with the law.
If a neighbour or construction workers go onto your property without permission, it’s considered trespassing. The same can be said for scaffolding; if erected on or overhanging your property without obtaining prior consent, it could also be considered trespass.
Where trespass is established, the building owner erecting the scaffolding must remove it entirely until an agreement has been reached.
If a dispute concerns access to a neighbour’s land, appointed surveyors should determine the matter, and they can issue a Party Wall Award.
The Award sets out each party’s rights and responsibilities, which will help resolve the dispute and future disputes that could arise during the construction process.
A party wall surveyor like ourselves will issue a notice that includes the date and duration of access and details of protective measures that must be taken.
Valid and correct service of notice to gain access to neighbouring land must be served to give the adjoining owners a reasonable opportunity to consider the proposals and prepare for having a portion of their property accessed for a certain period.
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We cover all of Surrey and London and are also available via WhatsApp. Alternatively, please call 07834 761 411 or email Simon directly.
