What Are My Rights of Access Onto My Neighbour’s Land to Carry Out My Project Works Under the Party Wall Act?
When undertaking construction or renovation work on your property—especially when it involves shared or adjacent structures—it’s not uncommon to need access to your neighbour’s land. In such situations, many property owners wonder: “Do I have a legal right to enter my neighbour’s property?” The answer lies within the Party Wall etc. Act 1996, a piece of UK legislation designed to prevent and resolve disputes concerning party walls, boundary walls, and excavations near neighbouring properties.
This blog will explore your legal rights of access under the Act, when you can exercise them, how to go about it lawfully, and what obligations you must fulfil in return.
Understanding the Party Wall etc. Act 1996
The Party Wall Act provides a framework for carrying out building work that may affect a shared wall, boundary, or structure. It sets out rights and responsibilities for building owners (those carrying out the work) and adjoining owners (neighbours potentially affected by the work).
Common types of work covered include:
- Building a new wall on the boundary line
- Cutting into a party wall to insert beams
- Raising or underpinning party walls
- Excavating within 3 to 6 metres of a neighbouring structure
Importantly, the Act also provides limited rights of access to adjoining land—but not unrestricted rights.
When Do You Need Access to Your Neighbour’s Land?
You might need access for several reasons:
- Erecting scaffolding for safe construction
- Carrying out repairs or reinforcement on the party wall
- Applying weatherproofing material or finishes
- Excavation or underpinning requiring entry from the other side
- Demolishing part of a shared or adjoining structure
If the work is only possible by entering your neighbour’s land, or it would be dangerous or impractical to do otherwise, the Act provides a right of access—subject to proper notice and procedure.
Your Right of Access Under Section 8 of the Party Wall Act
Section 8 of the Act states that a building owner, their agents, and workers “may enter and remain on the adjoining owner's land for the purposes of executing any work in pursuance of this Act.”
This includes:
- Surveyors inspecting the wall or boundary
- Builders and engineers carrying out the notified work
- Scaffolding or equipment necessary to safely execute the project
However, this right is not automatic—it requires proper notice and must meet strict conditions.
Giving Proper Notice for Access
To access your neighbour’s land legally, you must give:
- At least 14 days’ notice in writing before accessing the land
- Clear information on the nature of the work
- The dates and times you intend to enter the land
- Contact details in case your neighbour has concerns or queries
You do not need consent, but you must give notice. If your neighbour objects, a party wall surveyor may need to intervene to resolve the matter.
What Happens If Your Neighbour Refuses Access?
While the Party Wall Act gives you the legal right to access your neighbour’s land for necessary works, the right must be exercised reasonably. If your neighbour refuses, do not force entry.
Instead:
- Involve a party wall surveyor to mediate the dispute
- The surveyor may award access in the Party Wall Award
- If a formal award has already been served, it becomes enforceable in court
Ultimately, access can be legally enforced, but it’s best resolved amicably through proper communication and procedure.
Conditions and Limitations of Access
While the Act allows access, there are several conditions you must respect:
1. Reasonable Hours
Work must be carried out during reasonable hours, typically 8am–6pm on weekdays and 8am–1pm on Saturdays. Sunday or bank holiday work should be avoided unless agreed upon.
2. Minimal Inconvenience
You must take all reasonable steps to minimise inconvenience to your neighbour. This includes:
- Avoiding unnecessary damage or disruption
- Keeping your neighbour informed
- Completing the work as quickly as practical
3. Making Good Any Damage
If your work causes any damage to your neighbour’s property, including gardens, fences, or paving, you are legally obligated to “make good” the damage or compensate for it.
This requirement is also often included in the Party Wall Award, and your neighbour can legally pursue you if you fail to comply.
Using a Party Wall Surveyor to Clarify Access Rights
If access becomes a point of contention, it is wise to appoint a party wall surveyor. Their role includes:
- Assessing the necessity of access
- Determining reasonable working hours and methods
- Including access arrangements in the Party Wall Award
- Protecting the interests of both the building owner and the adjoining owner
Surveyors can reduce conflict and prevent delays, acting impartially to ensure the law is followed correctly.
Best Practices for Gaining Access to Neighbour’s Land
Plan Ahead
Don’t leave access negotiations to the last minute. Plan early and communicate with your neighbour well before work begins.
Be Transparent
Explain why access is needed and how it will benefit or protect their property (e.g., weatherproofing their side of a wall).
Offer Reassurance
Confirm that any damage will be repaired and that the work will be done respectfully.
Document Everything
Keep a written record of notices, responses, and any agreements made.
Use Professional Help
Involve experienced surveyors and reputable builders to maintain credibility and professionalism.
Final Thoughts
The Party Wall etc. Act 1996 provides a useful legal pathway for building owners to access neighbouring land when essential for construction work. However, it does not grant carte blanche permission—it must be handled with care, respect, and proper legal process.
For friendly professional advice, contact us or call now and speak with a specialist
Party Wall Surveyor.









