Access Rights under the Party Wall Act
Access to carry out party wall act works means the right of a property owner or contractors appointed contractor to access a neighbouring property, in accordance with the Party Wall Act or boundary works, which includes works being carried out that may affect the boundary, all in accordance with the provisions of the Party Wall etc. Act 1996 in the United Kingdom and similar legislation abroad.
Here are some key points regarding access to undertake party wall works:
Notice: Before any access can be obtained, the property owner who wishes to carry out the works must serve a party wall notice to the other neighbouring property owner(s). The notice will inform the other property owner(s) of the proposed works, what the effect may be on the party wall act or boundary and the requirement that access will be needed to their property.
Response to notice/consent: The neighbouring property owner(s), upon receiving the party wall notice will have the right to give their consent or dissent to carrying out the proposed works. If the neighbouring property owner(s) give their consent, the access can be granted immediately without further delay. However, if their consent is not provided, there is a dissent, and a dispute arises. The parties may need to appoint party wall surveyors to resolve the dispute.
Determining access provisions: Where access arrangements can’t be agreed (if the neighbouring property owner complains or the party wall surveyors can’t agree on access arrangements), the party wall surveyors will attempt to agree the access arrangements. In doing so, the party wall surveyors will consider the proposed works and the neighbouring property owner’s objection about the inconvenience and the access required. Based on that, they will then agree the access arrangements and document them in the party wall award.
Access rights set out in the party wall award: Obviously, the access rights will only apply for the property owner undertaking the works. The party wall award will also set out the access rights for the property owner undertaking the works and will document the time and manner of access, and what parts of the neighbouring property are permitted to be accessed. The award will also include conditions and limitations on the access to balance the access rights for the property owner undertaking the works with the application of the access provided to the neighbouring property.
Compensation for access: In this regard, the property owner undertaking the works may have to compensate the neighbouring property owner for granting access to their property. Any compensation will usually cover any of the inconvenience, or disruption caused by the works and any potential damage as a result the works. The party wall surveyors, as part of the party wall award, will confirm the level of compensation (if any) for the property owner undertaking the works.
Provided notice: Following notification of their intention to enter on the adjoining property, the property owner or their contractor, may easily carry out the approved, party wall works – just remember the property owner or their contractor must, also, observe what might be referred to as a reasonable period of time for entering the neighbours property.
Carrying it out: Put simply if the property owner or their contractor observes the principle of workable access to the adjoining owners property and has followed some due process with the notification detail to the party wall award, then access to the neighbours property is generally straightforward. The property owner or their contractor must still follow the requirements of the party wall award and not act unreasonably, but if the works only relate to (within the scope of) the approved works in the party wall award and not otherwise, it would be unreasonable for normal, or standard or acceptable complaints about the works.
Access to undertake party wall act works is also jurisdiction specific so you need to research the applicable legislation and seek proper professional advice with respect to party wall surveyors to ensure you follow the laws, rules, and regulations of your jurisdiction.
Get in touch with us for a free consultation. Our well-versed and professional staff will determine whether the suggested work is covered by the Party Wall Act based on your drawings, which you can share with us via email or call. We offer you our best, customized, and risk-free advice. We are also pleased to provide our professional services to Greater London and the surrounding areas.
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📞 0203 576 0786 / 0777 3360033
📧 info@partywallssurveyors.co.uk
