The Party Wall etc. Act 1996 can give a neighbour (the “building owner”) a statutory right to enter onto adjoining land, but that right is limited, controlled, and purpose-specific. It is designed to allow notifiable works to be carried out safely and properly—not to provide open-ended access for convenience.
The Act applies in England and Wales.
1) The legal basis: “rights of entry” under Section 8
Section 8 provides that a building owner (and their servants, agents and workmen) may, during usual working hours, enter and remain on adjoining land or premises for the purpose of executing work “in pursuance of the Act”, and may take action necessary for that purpose.
The key phrase is “in pursuance of this Act”—meaning the works must fall within the Party Wall Act (e.g., certain party wall works, boundary wall works, or qualifying excavations).
2) Access must be necessary, not merely helpful
In practice, access is most commonly requested for items such as:
- scaffolding or temporary working platforms
- protective measures (sheeting, hoarding, temporary weathering)
- inspections or making good where required
However, the statutory right is intended for access that is required to execute the notifiable works properly—not simply because it is cheaper or more convenient for a contractor to work from your side. The Government’s guidance encourages building owners to discuss access arrangements with neighbours and to avoid disputes by being transparent early.
3) Notice requirements and timing
You are not expected to tolerate unannounced entry. The Government’s explanatory booklet states that you must be given notice of the intention to exercise rights of entry, and that 14 days’ notice is required except in an emergency.
Access is generally framed around usual working hours, and the wider principle under the Act is that a building owner should not cause unnecessary inconvenience.
4) How access is normally controlled in a Party Wall Award
Where a Party Wall Award is in place (or is being prepared), good practice is for the Award to set out access clearly and practically, including:
- what access is needed and why
- when access can take place (days/times)
- how long it will last and what areas are affected
- what protections must be installed (dust protection, safety barriers, security)
- reinstatement obligations and standards
- procedures for inspections and damage resolution
This is the most effective way to keep access proportionate and to ensure everyone understands what will happen before work starts.
5) Your protections as the adjoining owner
Even where access is justified, you retain important protections. The Government guidance highlights adjoining owners’ rights, including:
- not to be caused unnecessary inconvenience
- to have reasonable protective measures taken
- to be compensated for loss or damage caused by relevant works
The same guidance also reinforces the building owner’s duties to avoid unnecessary inconvenience, provide temporary protection where needed, and make good damage (or pay compensation in lieu if requested).
There are also consequences for improper obstruction: the Government booklet notes it can be an offence to refuse or obstruct entry where someone is entitled to enter under the Act and the occupier knows (or has reasonable cause to believe) they are entitled.
In addition, where premises are closed, Section 8 provides a mechanism for entry with a police officer present.
6) When the Party Wall Act does not help your neighbour
If the works are not notifiable under the Party Wall Act, Section 8 does not create access rights. In those situations, access generally depends on:
- your agreement, or
- rights contained in title documents, or
- a separate legal route.
One example is the Access to Neighbouring Land Act 1992, which is aimed at enabling access for works reasonably necessary for the preservation of land/buildings (it is not a general “improvement” access tool).
7) Practical steps if a neighbour requests access
If you receive an access request, a sensible approach is to ask for:
- a clear explanation of why access is necessary (not just convenient)
- drawings showing the affected area and duration
- proposed working hours and site controls
- confirmation of protection measures and reinstatement
- a Schedule of Condition (often advisable where there is any risk of damage)
This keeps the discussion factual and avoids avoidable conflict.
Need help assessing whether access is justified (and what conditions should apply)?
Email mail@howorth.uk or call 07794 400 212 with a brief description of the works and what access is being requested (scaffold, excavation support, making good, inspections, etc.). We can explain what is normally considered reasonable under the Act and how access should be structured and protected in a well-drafted Award.