Access to Neighbours Land for Construction

Access to a Neighbours Land for Construction often becomes a practical necessity whether you need to erect scaffolding, dig foundations, or repair an existing wall close to the boundary

Undertaking a construction or renovation project on your property can present unexpected legal challenges—especially when access to neighbouring land becomes essential.

This article explores the legal framework that governs access to neighbouring land for construction in England and Wales. It outlines the procedures under the Party Wall etc. Act 1996, discusses the Access to Neighbouring Land Act 1992, and provides guidance on resolving disputes while maintaining good neighbourly relations.

Why Might You Need Access to Neighbours Land?

During construction or maintenance works, access to adjoining land may become necessary for a variety of reasons, such as:

Erecting scaffolding or temporary structures

Repairing or maintaining an existing boundary or party wall

Excavating near the boundary line

Installing damp-proofing or flashing

Removing debris or transporting materials

Ensuring site safety and compliance

In many cases, you cannot complete the works safely or economically without stepping onto your neighbour’s land. However, doing so without permission may amount to trespass.

The Legal Framework: Two Main Statutes

Two key pieces of legislation govern the rights and obligations around accessing neighbouring land for construction purposes:

1. Party Wall etc. Act 1996

This Act applies to construction work involving party walls, boundary walls, and adjacent excavation near neighbouring buildings. It provides a legal process for gaining access and resolving disputes without resorting to litigation.

Relevant scenarios under this Act include:

Building on or up to the boundary

Excavating within three or six metres of a neighbour’s property (depending on depth and proximity)

Undertaking works to a shared (party) wall

Under section 8 of the Act, building owners and their contractors may enter adjoining land “during usual working hours” to carry out notifiable works, but they must first serve the required notices in writing.

“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…”
<em>Party Wall etc. Act 1996, Section 8(1)</em>

Access without notice is only permitted in emergencies. Otherwise, the Act requires the building owner to give at least 14 days’ notice of the intended entry. Failing to comply with this notice provision renders the access unlawful, potentially exposing the building owner to legal action for trespass or nuisance.

2. Access to Neighbouring Land Act 1992

When the Party Wall etc. Act does not apply—such as for purely maintenance or repair works not involving shared structures—the Access to Neighbouring Land Act 1992 may be relevant.

This Act allows property owners to apply to the County Court for a legal right of access to adjoining land if access is necessary for the preservation of their property. It can cover:

Replacing roof tiles

Repairing external walls or gutters

Removing vegetation or blockages

Access will only be granted by the court if:

The work is reasonable

Access is essential for the preservation of the property

The work cannot be done without access

No serious detriment would be caused to the neighbour

While the process is more formal and potentially costly than the Party Wall Act route, it provides an enforceable solution in the absence of neighbourly cooperation.

How to Request Access to Neighbours Land

Step 1: Open Dialogue

Always begin with a polite and professional conversation. Explain the nature of the proposed works, the duration of access, and any measures you’ll take to minimise disruption.

Step 2: Serve a Formal Notice (if under the Party Wall Act)

If the works fall under the Party Wall etc. Act, serve the appropriate notice:

Party Structure Notice – for works to a shared wall

Line of Junction Notice – for building a new wall on the boundary

Adjacent Excavation Notice – for excavation within 3 or 6 metres

Include detailed plans and the intended start date. Ensure that you serve notice at least one month (excavations) or two months (party wall works) in advance.

Step 3: Secure Written Agreement or Resolve via Surveyors

If your neighbour agrees, the process is straightforward. If not, and a dispute arises, you must appoint a surveyor, and your neighbour can appoint their own. These surveyors will resolve the matter under the statutory dispute resolution procedure and produce an award, which can include terms of access and protective measures.

Rights and Duties During Access

Whether granted by statute or agreement, access to neighbours land comes with responsibilities:

1. Reasonable Hours – Access must occur during “usual working hours”

2. Notice Period – Minimum of 14 days for non-emergency access (under the Party Wall Act)

3. Protection – The building owner must protect the adjoining land, such as by erecting hoarding or fans

4. Compensation – Any damage or loss to the neighbour must be compensated under Section 7(2) of the Party Wall Act

5. Security for Expenses – The adjoining owner may request a payment upfront to cover potential damage or reinstatement costs under Section 12 of the Party Wall Act

When Negotiation Fails: Court Orders and Injunctions

If a neighbour refuses access and no statutory notice applies, you may seek a court order under the Access to Neighbouring Land Act 1992. This is a discretionary remedy and involves submitting detailed information and evidence to the County Court.

Conversely, if you attempt to access a neighbour’s land unlawfully or without notice, the neighbour may seek an injunction to restrain entry and claim damages.

Injunctions may also be granted where:

Works deviate from the agreed terms

Damage occurs without appropriate redress

Access occurs outside of permitted times

Protecting Both Parties: The Role of Surveyors

Appointing a professional surveyor to manage the access process offers protection for both parties. Under the Party Wall Act, surveyors act impartially and can:

Draft the Party Wall Award, including detailed access rights

Specify protective measures, hours of work, and reinstatement obligations

Determine costs, including who pays for what

Resolve disputes without the need for litigation

The use of a surveyor is especially beneficial in complex projects involving underpinning, deep excavations, or tight urban sites.

Practical Tips for Property Owners

To avoid delays and disputes, keep the following best practices in mind:

Plan early – Allow time for notice periods, surveys, and negotiations

Be transparent – Share plans and drawings openly with your neighbour

Limit disruption – Use the shortest and least intrusive access route

Document everything – Keep records of notices, correspondence, and agreements

Engage professionals – Consider appointing a Party Wall Surveyor early in the process

Frequently Asked Questions

Can I enter my neighbour’s land without permission?

Only in emergencies or where lawful notice has been served under the Party Wall etc. Act 1996. Otherwise, doing so could amount to trespass.

What if my neighbour refuses access?

If the work qualifies under the Party Wall etc. Act, a surveyor can impose access rights by award. Otherwise, you may need to apply to court under the Access to Neighbouring Land Act 1992.

Who pays for damage caused during access?

The building owner is responsible for making good or compensating for any damage to the neighbour’s land, structures, or contents.

Can I refuse access to my land?

You can object to informal requests, but may be compelled to grant access if the law supports the other party’s rights and the procedures are correctly followed.

Conclusion - Access to neighbours Land

Access to neighbours land for construction is a common issue that, if mishandled, can lead to unnecessary disputes, legal costs, and project delays. Fortunately, the legal framework in England and Wales provides structured processes to safeguard both property owners’ rights.

The Party Wall etc. Act 1996 and Access to Neighbouring Land Act 1992 exist to facilitate reasonable access, ensure fair compensation, and avoid li

tigation wherever possible. By planning ahead, consulting professionals, and respecting statutory obligations, you can complete your construction project while maintaining positive relations with your neighbours.

Need Professional Advice on Access to Neighbours Land?

At Anstey Horne, our experienced Party Wall Surveyors specialise in helping clients navigate the complexities of construction access. Whether you need help serving notices, preparing awards, or resolving disputes, our team is ready to assist.

Contact us today to safeguard your project and secure the access rights you need—professionally, lawfully, and efficiently.

To get your online quote for Party Wall advice, send us the details of your project. For more advice on all aspects of Party Wall and neighbourly matters see the collection of articles in our our blog.

For advice direct from one of our Surveyors, please call our Enquiry line on 020 4534 3135.

If you are planning work that is covered by the Act, or if you have received notice of work from a neighbour and want advice on how best to protect your property please contact: