In this week’s property surveying blog post, we are going to be discussing access and the rights the Party Wall etc. Act 1996 affords a building owner onto an adjoining owner’s land.
One of the benefits of serving a Party Wall Notice upon an adjoining owner, is that it gives the building owner the legal right of access onto an adjoining owner’s land in order to undertake those works.
However, this is not a catch all scenario, and certain construction work types need to be being undertaken, or alternatively the applicable and relevant Party Wall Notice needs to be served upon the adjoining owner.
Commonly the right of access is afforded to building owner who is:
- Building a new wall up to or astride the boundary line, commonly forming the flank wall of a proposed extension, whether that is front, rear or side. The Act gives the building owner, or their contractor, the legal right of access onto the adjoining owner’s land in order to properly and correctly construct that wall.
- Works directly to a party wall, including raising, thickening or re-building the party wall. The Act will give a building owner the legal right of access onto an adjoining owner’s land commonly this would be the roof space in order to raise a party wall. The rights are afforded to ensure that the contractor can work safely and properly thereby ensuring that the building owner’s proposed works are done in accordance with Health and Safety and Building Regulations requirements.
Access is a hotly disputed topic under the Party Wall etc. Act, therefore if you are planning on undertaking works and require access, or perhaps are adjoining works to where your neighbour requires access onto your land, give our experienced and qualified party wall surveyors a call now and we would be more than happy to assist and advise you.