Section 8 access rights under the Party Wall etc. Act 1996

Section 8 access rights under the Party Wall etc Act 1996

Section 8 of the Party Wall etc. Act 1996 gives a building owner and that owners contractors and professional advisers a statutory right during usual working hours to go onto adjoining land or premises where that access is genuinely and reasonably necessary in order to carry out works that are in pursuant of the Act, and it sets clear conditions for how that access must be exercised and how adjoining owners are to be protected during such access being utilised.

The right of access under section 8 only arises where the proposed works themselves fall within the scope of the Act such as works to party structures under section 2, works relating to new walls at the line of junction under section 1, or adjacent excavation/construction under section 6, and the access must be for the purpose of executing those notifiable works safely and properly rather than for general convenience or unrelated and non-notifiable activities/works.

Before entering the adjoining land under section 8, the building owner is required to give written notice to both the owner/the occupier of the land or premises that will be entered and in a normal situation that notice must be given not less than fourteen days before access is first utilised, and it should clearly identify the building owner, describe the notifiable works that access is required for to complete, explain the areas where access is required and set out the dates and times when entry is proposed.

Section 8 recognises that emergencies can arise, for example, where works are required urgently to prevent serious damage or danger and in those circumstances, the building owner or surveyor may still rely on the statutory right of access but instead of giving fourteen days’ notice they must give such notice as is reasonably practicable in the circumstances, while still acting at reasonable times and taking all proper steps to protect the adjoining owners land and property.

The Act also gives party wall surveyors, appointed or selected under section 10 a right of entry during usual working hours onto land and premises where this is required to carry out their statutory functions, which in practice can include any necessary inspections, schedules of conditions, necessary interim checks, and final inspections. Those visits should similarly be notified in advance with access confined to what is reasonably necessary for the purposes of the award and the proper administration of the Act.

Section 8 operates alongside section 7 of the Party Wall etc. Act 1996, so it requires the building owner to avoid causing unnecessary inconvenience when exercising any right under the Act and to compensate adjoining owners and occupiers for any loss or damage arising from works executed in pursuance of the Act, and where adjoining land or buildings are opened up or temporarily exposed the building owner must then at their own expense, provide and maintain such hoarding shoring or temporary protections as are required to keep the premises secure and adequately protected.

Where a person is properly entitled to exercise a right of entry under section 8 and has complied with the notice requirements, it is a criminal offence under section 16 for any person who knows, or has reasonable cause to believe, that the right exists to refuse access or to hinder or obstruct that person in exercising it, and on summary conviction, the court may impose a fine at the level specified on the standard scale, thus which underlines that these access rights are not optional once the statutory conditions are satisfied.

In practice the detailed terms of access are often set out in the party wall award because the surveyor or surveyors have power to determine the time and manner of executing the works and other matters arising out of the dispute, and an award will commonly describe precisely where scaffolding can be placed, how materials may be stored, what temporary protections are to be provided, the working hours to be observed, and the standard to which the adjoining land or surfaces must be cleaned, repaired or reinstated once the works are complete.

For building owners’ section 8 of the act is an important enabling power that allows notifiable works to be carried out safely where access would otherwise be unavailable, but it also brings clear responsibilities to plan the works properly, to give correct notice, to respect the limitations placed on the right of entry, and to make good or compensate any damage caused. While for adjoining owners it provides assurance that access cannot be demanded informally without agreement or used without limit because it must be tied to works that are genuinely in pursuance of the Act and is necessary to complete such notifiable works, subject to advance notice and then determined by surveyors through the award process, and backed by duties to minimise inconvenience and to protect and reinstate the adjoining owners property.