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Access Licences

Our Surveyors have assisted on numerous Access Licences over the years

Access Licences

We pride ourselves in our thorough and impartial approach

An Access Licence is required when one property owner, who usually intends to undertake construction works, requires access onto a neighbouring owner’s land, property, or air space.

If the proposed works aren’t the maintenance or repair of a structure bordering the neighbouring owner’s property, the only legal right of entry is via an Access Licence.

It is important to note that the owner undertaking the works doesn’t have the legal right of access outside of a licence, and equally the neighbouring owner doesn’t need to grant consent to the access. 

An Access Licence is in effect a contract between the respective owners and allows temporary access and easement onto the neighbouring owner’s land or air space. Like any contract the terms will need to be mutually agreed upon. 

Typical Access Licence Protections

In our experience common terms of Access Licence agreement are as follows:

Rent

In more cases than not, the licence will deal with the rental considerations that the owner requiring access needs to pay the owner who is allowing it. Rental figures can range from hundreds of pounds, to thousands.

Duration

The length, term and duration of the access will be resolved within the licence. Key considerations will be setting out the time and manner when the access can take place, while also setting a fixed access term.

Security

In the event of access overstay, damage or additional professional cost requirement, a Security fund is usually held on account acting as Security for future expenses. This sum protects the neighbouring owner.

Alarm

The Licence will set out the alarm requirements including the trigger settings and response requirements. In many cases access will be into, or over a neighbouring owner’s property, so security is of upmost importance.

Issue and Damage

The Licence will importantly set out the procedures in the event of issue and damage, this ensures that the matter is dealt with promptly and without delay.

Cost

The Licence will ensure that Surveyor and associated legal costs are considered and accounted for. The cost liability for these will fall upon the owner undertaking the construction works.

Dispute

With any legal matter, there are instances where there will be dispute. The Licence will set out the procedures to be adhered to, timings and resolution protocols.

What does an Access Licence Surveyor do?

In administering and agreeing the Access Licence, the Surveyor’s role will be to review the owner’s proposed works from the perspective of the neighbouring property. Ensuring that the risks associated with those works, both short and long term have been fully considered.  This ensures both nuisance and potential damage is bought to an absolute minimum.

Access Licence Surveying Costs

Here at Stokemont, we believe that Access Licence Surveying costs should be transparent and clear. As a guide our prices are as below, in order to obtain a fixed cost, please get in touch with our Surveying team who will be happy to advise.

Access Licence with access onto one Property

From £1,250 + VAT

Access Licence with access onto two Properties

From £1,350 + VAT

Access Licence with access onto two or more Properties

From £1,450 + VAT

Typical Access Licence Surveying Questions

Do I have to allow Access onto my land?

No, you don’t. You have the legal right to refuse an access request and do not need to provide any form of reasoning.

It is your land and therefore how it is used is at your discretion.

We’d always advise on allowing access subject to an Access Licence being in place.

What happens if Access is Refused?

If access is refused and the neighbouring owner isn’t willing to enter into discussions surrounding the matter. There is nothing you can do to force them into an access licence and agreement.

The works will need to be redesigned removing the need for access.

Can I charge a rent for Access?

Yes, as it is your land, you are within your legal rights to charge an access rent.

This can be on a daily, weekly or monthly rate.

We’ve seen access rents start at hundreds of pounds, going up to hundreds of thousands.

How long does the Access last for?

Providing the access is agreed via Access Licence, it tends to be for the reasonable period of time it will take to complete the works.

We’d always advise discussing these timeframes with the Contractor and Access Licence Surveyor to ensure they are as accurate as possible.

Who pays the Access Licence Surveyor’s costs?

The costs will be borne by the person who is gaining the benefit of the access.

Access licence costs can include, however are not limited to; Surveyor, Solicitor and Engineer cost.

Team Qualifications 

Our team of Surveyors are not only highly experienced but importantly they are also qualified.

 We’re proud to confirm our Surveyors hold membership status and accreditation to some of the world’s leading professional governing bodies including; the Royal Institute of Chartered Surveyors (RICS), the Chartered Institute of Building (CIOB), the Chartered Institute of Arbitrators (CIArb), The Chartered Association of Building Engineers (CABE), the Pyramus and Thisbe Club (P&T) and the Centre for Effective Dispute Resolution (CEDR).

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