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Our surveyors ensure that arrangements for accessing neighbouring properties in order to carry out works that fall under the Act are both reasonable and appropriate to the proposed works, and are in compliance with Section 8 of the Act.
Under the Party Wall Etc. Act 1996, an Adjoining Owner and/or occupier must, when necessary, let in your workmen and your own surveyor or designer etc., to carry out works in pursuance of the Act (but only for those works), and allow access to any surveyor appointed as part of the dispute resolution procedure.
If your neighbours have engaged the Party Wall etc. Act, 1996 then most likely the answer is yes. Building Owners must give the Adjoining Owners and occupiers notice of the intention to exercise these rights of entry. The Act says that 14 days’ notice must be given, except in case of emergency. If access is necessary to carry out the notified works you may wish to include this requirement in the notice that you serve when seeking consent to carry out the works, so as to avoid any dispute in this respect at a later stage when work is underway.
It is an offence, which can be prosecuted in the magistrates’ court, for the occupier or other person to refuse entry to or obstruct someone who is entitled to enter premises under the Act, if the first-mentioned person knows or has reasonable cause to believe that the latter person is entitled to be there.
If the adjoining property is closed (for example an unoccupied property) your representatives may enter the premises by breaking open a fence or door, if they are accompanied by a police officer after following the Act’s procedures.
You should discuss access for works with your neighbour. It is often in the best interests of the Adjoining Owner to allow access voluntarily to build a wall or to carry out works for which there is no statutory right of access, as this will allow a better finish to the side of the wall that they will see.
By carefully managing access arrangements and through clear communication, our surveyors ensure that access is fair and reasonable for both parties, protecting the rights and interests of the adjoining owner while enabling necessary works to proceed.
No. The Act does not give surveyors appointed under the Act the power to resolve boundary disputes.
Yes, under Section 8 of the Act, if the intended work is authorized by the Act and access is necessary, you must provide your neighbour with 14 days' notice before entering their property. Access is typically permitted during reasonable working hours. If your neighbour refuses access, the Act allows you to "break open any fences or doors in order to enter the premises... if accompanied by a constable or other police officer."
No, if the work falls within the scope of the Act and access is necessary, your neighbour cannot refuse reasonable access. The Act provides rights of access to ensure that authorised works can be completed properly. If access is denied, you may take measures to gain entry, as outlined in the Act.
Yes, access must be necessary for the execution of works authorised by the Act and should be exercised at reasonable times. You are required to provide your neighbour with 14 days' notice before entering their property. Additionally, you must ensure that any damage caused during the access is repaired or that compensation is provided.
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