Access to a neighbouring property

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Access to a neighbouring property

party wall surveyor South Norwood and Streatham

Section 8 of the Act:

Rights of entry.

(1)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.

(2)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.

(3)No land or premises may be entered by any person under subsection (1) unless the building owner serves on the owner and the occupier of the land or premises—

(a)in case of emergency, such notice of the intention to enter as may be reasonably practicable;

(b)in any other case, such notice of the intention to enter as complies with subsection (4).

(4)Notice complies with this subsection if it is served in a period of not less than fourteen days ending with the day of the proposed entry.

(5)A surveyor appointed or selected under section 10 may during usual working hours enter and remain on any land or premises for the purpose of carrying out the object for which he is appointed or selected.

(6)No land or premises may be entered by a surveyor under subsection (5) unless the building owner who is a party to the dispute concerned serves on the owner and the occupier of the land or premises—

(a)in case of emergency, such notice of the intention to enter as may be reasonably practicable;

(b)in any other case, such notice of the intention to enter as complies with subsection (4).

Under the Act, 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 party wall surveyor South Norwood appointed as part of the dispute resolution procedure. 

You must give the Adjoining Owner and occupier notice of your 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 workmen and your own surveyor or designer etc. 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 party wall surveyor Streatham 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.

For more information visit https://partywallssurveyors.co.uk/ or contact Tel: 0203 239 8666 / 0777 3360033


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