A Schedule of Condition is commonly undertaken before Party Wall works commence to record the existing condition of an adjoining property.
But what happens if the adjoining owner does not allow the Party Wall surveyor access?
Why is access important?
The Schedule of Condition provides a record of the property’s condition before the building works commence.
It can subsequently be used when considering whether alleged damage is new or was already present before the works.
For this reason, access to the relevant parts of the adjoining property is normally desirable.
What if the adjoining owner refuses access?
An adjoining owner may not always provide access to their property.
This can create a practical limitation because the surveyor cannot inspect areas that they cannot access.
The Party Wall surveyors may therefore need to consider what reasonable inspection can be undertaken from other available locations.
Depending on the circumstances, this might include inspecting:
- External elevations.
- Areas visible from the building owner’s property.
- Areas accessible from the public highway.
- Other areas where lawful access is available.
The extent of the resulting Schedule of Condition will depend on what can reasonably be inspected.
Does refusing access stop the Party Wall process?
Not necessarily.
A lack of access does not automatically mean that the Party Wall procedure cannot progress.
The surveyors may record that access was unavailable and prepare the Schedule of Condition based on the areas that could reasonably be inspected.
However, the resulting record may be less comprehensive than one where full access was available.
Can a surveyor force access?
Party Wall surveyors should not simply assume that they can enter an adjoining property without the appropriate authority or agreement.
Access rights under the Party Wall Act depend on the particular circumstances and statutory provisions involved.
Where there is a genuine access dispute, legal advice may be appropriate.
Stokemont’s advice
Adjoining owners should generally consider allowing reasonable access for a pre-works Schedule of Condition where one is proposed.
For building owners, it is important to recognise that a refusal of access may limit the surveyor’s ability to establish a comprehensive record of the adjoining property’s pre-works condition.
