Many London building projects cannot be carried out without going onto, or over, a neighbour’s land. As RICS-accredited party wall surveyors covering the whole capital, we advise owners and contractors on the lawful routes to access, from statutory rights under the Party Wall Act to scaffold licences and the Access to Neighbouring Land Act 1992.
Why access to a neighbour’s land matters
In tightly packed London streets there is often no room to erect scaffolding, position a crane or repair a flank wall without entering the property next door. Going onto a neighbour’s land without a lawful right is a trespass, so it is essential to secure the correct permission before work begins.
Access under the Party Wall etc. Act 1996
Where you are carrying out notifiable works, Section 8 of the Party Wall etc. Act 1996 grants a statutory right of access. During and in connection with the works, the building owner, their surveyor and workers may enter and remain on the adjoining land to execute the works, provided proper notice is given.
- 14 days’ notice of entry must normally be given to the adjoining owner and occupier.
- In an emergency, entry may be permitted without notice where it is not practicable to give it.
- The right exists only in connection with works properly authorised under the Act – it is not a general right to use a neighbour’s land.
These access rights are typically confirmed and regulated within the party wall award, which sets out how and when entry may take place. A schedule of condition of the neighbouring property is strongly advisable before access, protecting both parties if damage is later alleged.
The Access to Neighbouring Land Act 1992
Not all works are notifiable under the Party Wall Act. Where you need access purely to carry out basic preservation works to your own property – such as maintaining, repairing or renewing a wall, clearing gutters or treating damp – and your neighbour refuses consent, you may apply to the county court for an access order under the Access to Neighbouring Land Act 1992.
The court may grant an order where the works are reasonably necessary for the preservation of the property and cannot be carried out, or would be substantially more difficult, without entry. The order can impose conditions, including compensation for any inconvenience and payment for the privilege of access to non-residential land.
| Route | Governing law | Typical use |
|---|---|---|
| Party wall access | Party Wall etc. Act 1996, s.8 | Notifiable works to party structures or excavations |
| Access order | Access to Neighbouring Land Act 1992 | Preservation works where consent is refused |
| Licence / deed | Private agreement | Scaffolding, oversailing and general access by consent |
Scaffold licences and oversailing
Where the Party Wall Act does not apply, access is usually arranged by private agreement. A scaffold licence (or access licence) is a contract between neighbours permitting scaffolding to be erected on, or to oversail, the adjoining land for a defined period.
- Oversailing scaffolding – projecting over a neighbour’s airspace, which is itself a trespass without consent.
- Crane oversailing – swinging a jib or loads across neighbouring airspace during construction.
- Protection and insurance – licences typically require the works to be insured, the neighbour indemnified and the land reinstated.
A well-drafted licence records duration, working hours, insurance, a condition record and a fee where appropriate, avoiding disputes once scaffolding is up. Our team regularly negotiates these alongside the wider party wall process for building owners.
FAQs
Can my neighbour refuse to let me put up scaffolding?
If the work is not notifiable under the Party Wall Act, a neighbour can generally refuse consent to scaffolding on or over their land. You would then need a negotiated licence, or in limited cases an access order for preservation works.
How much notice must I give for party wall access?
Section 8 normally requires 14 days’ notice of entry to the adjoining owner and occupier, except in an emergency where notice is not practicable.
Does an access order let me improve my property?
No. The Access to Neighbouring Land Act 1992 is limited to works reasonably necessary for the preservation of the property, not improvements or new development.
If your London project needs access to a neighbour’s land or airspace, let our RICS-accredited surveyors secure it the right way. Contact us to discuss party wall access, scaffold licences and oversailing arrangements.