Thank you for clicking on our latest property surveying blog post we hope that it is beneficial for you. The focus of this party wall surveying blog post will be on section 8 of the act which discusses the rights of entry.
If you are a building owner who is undertaking works that fall within the remit of the Party Wall etc Act 1996, you might be wondering if you are entitled to access onto your neighbour’s property to complete these works.
The Party Wall etc. Act 1996 gives the building owner the right to access a neighbour’s land for the purposes of carrying out party wall works. This right of access is absolute, meaning that the adjoining owner cannot unreasonably refuse access.
Section 8 (1) of the Act states that:
‘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.’
Section 8 (2) of the Act states that:
‘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.’
A great benefit of the Party Wall Act is that if a party wall notice is served upon an adjoining owner, it provides the building owner (who is undertaking the construction works) the legal right of access onto their neighbour’s land if it is required to complete the construction works.
You may be wondering what types of works will give you the right of access onto the neighbouring property?
If you are a building owner who is planning on building a new wall which is either built up to the boundary but wholly on your land or you are building a new wall which is astride the boundary line.
You and your contractor will be entitled to access the adjoining owners land to ensure that you are able to construct this wall properly.
As a building owner, if you are undertaking a loft conversion to your property then you will also be entitled to access onto the roof space of any of the respective adjoining owners.
If you require access onto any of the adjoining owner’s property, then you are required to serve the respective owner with 14 days’ notice before you wish to utilise the right of access.
So, who decides when access is required and for how long?
This is where a Party Wall Surveyor steps in. An experienced Party Wall Surveyor will assess and review the plans for the proposed works to identify whether access will be required onto the adjoining owner’s property.
If the surveyor decides that access will be required, then they will also work out the time frame of which access will be required, and this will be outlined within the Party Wall Award (you can read more about Party Wall Awards by clicking here).
Not only this, but the surveyor will also aim to reduce the level of risk and nuisance to the adjoining owner’s property caused by the access.
When access is taking place onto the adjoining owner’s land, the building owner must ensure that this area is hoarded off.
The purpose of this is to reduce the level of dust and debris from entering the adjoining owner’s property. Additionally, this also prevents the building owner’s contractor from accessing other areas of the adjoining owner’s property.
If the surveyor decides that the building owner requires access onto the adjoining owners roof space.
The use of a cantilevered scaffolding system may be utilised. The benefits of this are that the scaffolding will not be in contact with the adjoining owner’s roof which will significantly reduce the likelihood of damage.
The building owner has the right to remove any fences or plants that are a hindrance to the proposed works. The surveyor will determine whether this is necessary and if required the plants will have to be temporarily relocated elsewhere.
The Party Wall surveyor will thoroughly document the condition of any affected fences or plants before the works commence to ensure that once the works are completed the condition of these are returned to how they were.
As an adjoining owner, you may be concerned about the building owner accessing your land.
The benefit of the Party Wall Award is that this gives you the legal protection against any damage to your property as a result of the building owners works.
This applies to damage to plants and trees as well as structural and decorative damage.
If there is damage to any of your property, then the building owner is required to make good of this damage.
The Process of Gaining Access to a Neighbours Land
If you are planning to carry out party wall works that require access to a neighbour’s land, you will need to serve a Notice of Access on the adjoining owner. The Notice of Access must be in writing and it must include the following information:
- The name and address of the building owner
- The name and address of the adjoining owner
- A description of the works
- The date on which the works are due to commence
- The time period during which access will be required
The Consequences of Refusing Access to a Neighbour’s Land
If the adjoining owner refuses access to their land, the building owner can apply to the First-tier Tribunal for an order requiring the adjoining owner to grant access. If the Tribunal orders the adjoining owner to grant access, and the adjoining owner still refuses, they may be liable for a fine.
The Use of Police Constables to Enforce Rights
If the adjoining owner refuses access to their land, and the Tribunal has ordered them to grant access, the building owner may be able to use a police constable to enforce their access rights. The police constable can break open any doors or gates that are preventing access to the land.
Our highly experienced team of Party Wall Surveyor’s here at Stokemont have worked on numerous projects where access is required onto the adjoining owner’s property.
If you are a building owner who has plans to undertake construction work to your property and you are wondering if you will require access onto the adjoining owner’s land, our team would be happy to assist and advise you on this. Please feel free to contact our team by clicking here!
