In this week’s surveying blog post topic, we are going to be looking at Party Wall surveying and the all-important topic of access.
Under the Party Wall etc Act 1996, s.8 of the Act deals with a Building Owner’s rights of entry onto an Adjoining Owner’s land.
The exact wording of s.8, as per the Act, is as follows:
(1) 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 or take any other action necessary for that purpose.
(2) If the premises are closed, the building owner, his agents and workmen may, if accompanied by a constable or other police officer, break open any fences or doors in order to enter the premises.
(3) No land or premises may be entered by any person under subsection (1) unless the building owner serves on the owner and the occupier of the land or premises—
(a) in case of emergency, such notice of the intention to enter as may be reasonably practicable;
(b) in any other case, such notice of the intention to enter as complies with subsection (4).
(4) Notice complies with this subsection if it is served in a period of not less than fourteen days ending with the day of the proposed entry.
(5) A surveyor appointed or selected under section 10 may during usual working hours enter and remain on any land or premises for the purpose of carrying out the object for which he is appointed or selected.
(6) No land or premises may be entered by a surveyor under subsection (5) unless the building owner who is a party to the dispute concerned serves on the owner and the occupier of the land or premises—
(a) in case of emergency, such notice of the intention to enter as may be reasonably practicable;
(b) in any other case, such notice of the intention to enter as complies with subsection (4). A Building Owner is afforded the legal right of access onto the Adjoining Owner’s land if there works meet the distinct definitions, as set-out by the Party Wall etc Act 1996.
General speaking, the Act’s access rights kick into play as follows:
- A wall is being raised, therefore affording the Building Owner the legal right of access onto a small channel, or path, of land the other side of where the wall is being raised.
- A new wall is being built up to, or astride, the boundary line, thereby giving the Building Owner the legal right of access onto the Adjoining Owner’s land in order to safely construct that wall.
In many cases, the requirement for access, whilst not always being seen as mutually beneficial, does indeed afford the Building Owner’s contractors a safe and workable area, in which they can then construct the wall. However, it also ensures that the Adjoining Owner, whose property and land the new wall will border, effectively has sight of a neatly and aesthetically pleasing wall from a construction perspective.
In the event that an Adjoining Owner were to dispute or refuse access, first and foremost it would be an offence, whereby the Building Owner could easily enforce the access the Court and a police constable.
However, second they would also find themselves faced with a very poorly constructed wall, from an aesthetic perspective, whereby render– if attempted at all – would be done course by course.
Pointing would also be very much be done over hand, whereby the final appearance of it would be rough and rushed at best.
Whilst Adjoining Owners will find it surprising that access can be afforded to their land, it is worth noting that the reasoning behind the Act is so that the Building Owner is able to safely construct their property, in a time and cost effective manner.
It is also worth noting that the access the Building Owner is afforded under the Party Wall etc 1996 will be closely governed and guarded by the agreement and wording of the Party Wall Award and, ultimately, it would be a Party Wall Surveyor’s designed access provisions that would have to be adhered to.
In many cases, this access will require the following scenarios to be met and adhered to:
- The construction of scaffolding, with double boarding, protective sheeting, alarmed and for a limited period of time.
- The construction of a temporary hoarding or fencing, which will screen off the Adjoining Owner’s garden from the overall building construction site and importantly will stopped dust, debris, tools and, of course, workmen from freely entering the Adjoining Owner’s property.
- The floor or ground will also be fully protected with sheeting and boarding.
All of these measures effectively ensure that, whilst access is taking place, the risk of that access is as low as it can be and nuisance is likewise kept to the minimum point.
Here at Stokemont we do appreciate that there is always going to be a degree of nuisance associated with the works, however, the key thing to remember is that the Party Wall etc Act 1996 does award and allow this nuisance to be reasonable and permitted under its jurisdiction.
Any access that does take place will also be for the absolute minimum period of time and will not be for the duration of the entirety of the build.
The logic behind this is that the Building Owner’s contractors are then compelled, or required, to focus on the construction that requires the access and prioritise it without delaying, or dragging out, the access for any longer than needs to be.
Access can be an incredibly surprising outcome for Adjoining Owners and in many cases they will take great offence, or issue, with the idea of the workman having the legal right to come onto their land. It should offer them some peace of mind that any damage or issue associated with the access will be dealt with under the normal terms of damage through Party Wall etc Act 1996 and the Building Owner will of course be liable for replacing or making good.
The Party Wall etc Act 1996 has many twists and turns, however, is founded on the premise that reasonable provisions for nuisance are considered.
If you would like to discuss your party wall surveying procedures with our team of qualified and chartered surveyors, or perhaps your neighbour is planning on undertaking works to their property, may be you would like to get some initial advice, give our team of qualified and experienced surveyors a call today and we will be more than happy to assist and advise you.
