STEPHEN HAWES & CO.
PARTY WALL SURVEYORS
Access and Scaffold Licences
A access licence or scaffolding agreement, is a formal legal licence permitting the erection of scaffolding or hoarding either upon or projecting over land not under the proprietary dominion of the owner proposing building works. It serves as an essential legislative licence safeguarding the proprietary and developmental rights of both the owner proposing works and the adjacent landholder.
Access Licences and Agreements
Agreements for licences, whether they pertain to scaffolding or other means of ingress over adjacent neighbouring land, are imperative when considering access for scaffolding, oversailing crane or hoarding for construction purposes.
Securing assent is of paramount importance. Optimal assurance is attained through a meticulously crafted licence agreement, drafted by chartered professionals with the necessary expertise gained over years of experience.
Upon concurrence, it is vital for all involved parties to rigorously comply with the stipulated terms and provisions, thus forestalling legal obligations. Through such diligence, both the developer and the neighbouring landholder can safeguard their proprietary interests, uphold safety standards, and pre-empt potential dispute of issue. Engaging professional consultation is quintessential to guarantee the formulation of resilient agreements and to address any particular nuances concerning access to neighbouring terrains thus allowing the developer to progress with his works in confidence.
A access licence may include agreements of ingress, prescribed safety protocols, stipulations pertaining to insurance, and any requisite compensation arrangements. To preclude potential contentions or ambiguities, it is imperative that the accord be meticulously articulated in written form with necessary drawings and sketches attached for transparency.
Our expert chartered professionals can also offer advice and guidance on:
Access to Neighbouring Land Act 1992
The access to Neighbouring Land Act 1992 is a piece of legislation that allows individuals to access a neighbour's land in order to carry out repairs or maintenance to their own property, when it is not possible to undertake those works without such access. Its primary objective is to facilitate necessary work that would otherwise be unfeasible due to lack of access.
The Act recognises that, while property owners have a right to enjoy their property without unwarranted intrusion, there are circumstances where it is in the broader interest to allow limited access to ensure the development, preservation and maintenance of adjoining properties.
However, it is essential to note that access is not granted automatically. The individual seeking access must typically demonstrate that the work is reasonably necessary and that it cannot be done without entering the neighbouring property. If the neighbouring property owner refuses access, the person may seek a court order to gain the required access.
