Thank you for tuning in to this week’s informative Surveying Blog. In this week’s blog, we will be looking to whether your neighbour has the legal right to gain access to your land in accordance with the Party Wall etc Act 1996. This blog will give advice from the perspective of a party wall surveyor!
In short, the answer is yes.
The Party Wall Act was introduced in 1996 with the endeavour of being a facilitating framework to prevent disputes that may arise in relation to the Party Wall, party structures, boundary walls and excavations near neighbouring buildings depending on how deep the excavation would need to be, the Act does happen to have clauses which grant owners planning to carry out works rights that may be alarming to some.
Section 8 of the Party Wall Etc Act 1996
Section 8 of the Party Wall Act deals with access and is relatively clear in its relevance and approach. in accordance with section 8 of the Act, a building owner who desires to carry out works which may require access to the neighbouring land or property which includes but is not limited to:
- Carrying out repairs to a boundary wall or fence by the boundary
- Demolishing and rebuilding a party fence wall
- Underpinning a wall or structure within proximity of the boundary
- Building a new wall up to or on the boundary, for example, to accommodate an extension
The works listed above would provide a Building owner with the legal right of access to the adjoining land or property following the service of the notice.
The Act specifies that notice under section 8 must be served to notify the neighbour of these works, with a minimum of 14 days being the period. Once the 14 days have lasted, the Building Owner can proceed to access the land or property notified. Likewise, if neighbours are on talking terms, and have confirmed receipt of the notice and are happy to allow access before the 14-day statutory period lapses, this is also permitted.
Key Points to Note Concerning Section 8 of the Act
Section 8 Subsection (1) specifies:
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.
Essentially the above states that the building owner or his or her contractors have the right to remove furniture or fixing that may obstruct their endeavours in relation to the access. However, the protection of these items would be necessary, these are matters that are dealt with within the Party Wall Agreement agreed by the Surveyor(s)
Section 8 Subsection (2) specifies:
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.
This may be shocking to some, however, as printed above, following the service of a 14-day notice under section 8, the Act provides a building owner with the right to force entry onto the land or property of an adjoining owner if completely necessary if an officer of the law is present.
This could be a situation such as, there being no response to an access request, with a building owner having deadlines in place.
Section 8 Subsection (3) specifies:
No land or premises may be entered by any person under subsection (1) unless the building owner serves as the owner and the occupier of the land or premises.
This section reaffirms that access isn’t permitted without the service of notice beforehand.
As I’m sure this informative blog has demonstrated, access can be an unbelievably surprising outcome for Adjoining Owners and in many cases, they will take great offence, or issue, with the idea of the contractor or practically anyone associated with the building having the legal right to come onto their land.
Nonetheless, it should offer some peace of mind that any damage or issue associated with the access will be dealt with under the normal terms of damage through a Party Wall Award with the Building Owner will of course be liable for replacing or making good.
The Party Wall etc Act 1996 has many complexities, however, is founded on the premise that reasonable provisions for nuisance are considered.
Here at Stokemont, we deal with party wall access daily. In many cases, it forms part of the vast majority of the Party Wall Awards that we draft agree and serve.
If you would like to discuss party wall access procedures and protocols with us, feel free to give us a call today, and we would be more than happy to assist and advise you.
