Can my neighbour come onto my property?

Yes, in some situations. The Act gives the building owner, their workers and surveyors a right of access where it is needed to carry out the notified work.

When access is allowed

Access is allowed where it is necessary for work under the Act. Typical examples:

  • Putting up scaffolding to raise or repair the party wall
  • Making good the neighbour's side of a shared wall after cutting in beams
  • Inspecting the condition of your property for the schedule of condition
  • Fixing a flashing from your side

How much warning you get

Except in an emergency, the building owner must give 14 days' notice of the need to enter. The award often sets out access arrangements in more detail, such as times and protection for gardens.

Your protections

  • Access only for the purposes of the work
  • Damage to your property or garden must be made good or compensated
  • Work must avoid unnecessary inconvenience
  • Unnecessary disturbance can be raised with the surveyors

What if I refuse?

Refusing lawful access is an offence under the Act if you know the person is entitled to enter, and the building owner can, with a police officer present, enter in certain circumstances. It is far better to agree practical arrangements through the surveyors.

Scaffolding not covered by the Act

Some access, such as scaffolding for work entirely on the neighbour's own building, is not covered by the Party Wall Act. That needs your agreement, often by a licence, or a separate court application.

Where this comes from in the Act

Links go to the official text of the Party Wall etc. Act 1996 on legislation.gov.uk.

Has a notice landed on your doormat?

Ivan Larkin can read it through with you, explain your choices and act as your surveyor. In most cases the owner doing the work pays for that.

Call 07477 207993Send an enquiry