Can We have Access to the Neighbouring Land/Property?
If necessary under the Act, the Adjoining Owner and/or occupier must provide access to your workers, surveyors, designers, etc., for the purpose of carrying out works required by the Act. They must also provide access to any surveyor appointed to assist with a dispute.
Before rights of entry can be prescribed, you must give the Adjoining Owner and occupier notice of your intention to enter the property. The Act specifies that the notice period is, unless it is an emergency, to provide 14 days notices.
In order to eliminate any potential dispute during the works, consider including the requirement of access in the notice you serve when seeking consent to carry out the works.
It is also an offence triable in the magistrates’ court, to refuse entry or obstruct anyone who is entitled to enter the property under the Act, if the person refusing entry knew or had reasonable cause to believe the other person was entitled to enter.
In circumstances where access is not possible on the adjoining property – for instance, if it is vacant – your workers, surveyors or designers may enter the premises by breaking open the fence or door. They must be accompanied by a police officer to comply with the provisions of the Act.
It is therefore of benefit to discuss accessing the works with your neighbour. In many circumstances it is in the best interests of the Adjoining Owner to voluntarily provide access to carry out the works such as construct a wall or do works which has no statutory right of access. Then they have the benefit of obtaining a better finish on the face of the wall that they will see and therefore both parties have a mutually beneficial outcome.
Please 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, customised, and risk-free advice. We are also pleased to provide our professional services to Greater London and the surrounding areas.
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📍 London CR7 7RQ
📞 0203 576 0786 / 0777 3360033
📧 info@partywallssurveyors.co.uk