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)
Section 8 of the Party Wall Act allows access to the neighbouring land, which includes:
If the neighbour needs access to your side of the property to perform basic preservation work, like maintaining a drain, repairing a structure or cutting back a tree, they can apply to the court for an Access Order under the Access to Neighbouring Land Act 1992. Under reasonable terms, the court can require you to share access by specifying the type of work needed and when.
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, which affects shared structures like 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 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 happy and that their rights and interests are protected so 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 oversailing 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 a reasonable opportunity for the adjoining owners to consider the proposals and prepare for having a portion of their property accessed for a certain period.
As members of the Faculty of Party Wall Surveyors, we offer a free, no obligation, 15-minute consultation to advise on the Party Wall etc Act (1996) and talk you through the process.
Similarly, we’re available to discuss any other property-related query you may have.
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