Access to a neighbour’s land under section 8

Access is a frequent point of friction. Builders need to get round the back of a party wall to point it, fix flashings or tie in, and neighbours worry about their gardens, security and privacy. Section 8 gives a clear but limited right.

What section 8 allows

Section 8(1): “A building owner, his servants, agents and workmen may during usual working hours enter and remain on any land or premises for the purpose of executing any work in pursuance of this Act and may remove any furniture or fittings or take any other action necessary for that purpose.”

Key points:

• Work in pursuance of the Act. The right exists only to carry out work the Act authorises, such as section 2 works to the party wall, section 1 walls, or section 6 safeguarding. It does not cover access for works that are not under the Act, such as painting your own external wall or repairing your own roof away from the party wall.
• Usual working hours. Not evenings or weekends unless agreed or provided for in the Award.
• Removing furniture or fittings. Where necessary, for example moving a shed or fence panel to reach the wall. Anything removed should be reinstated.
• Closed premises. If premises are closed, entry may be forced only if accompanied by a police officer (s.8(2)). In practice this is a last resort.

Notice of entry

Section 8(3) requires notice of intended entry to both the owner and the occupier. In an emergency, such notice as is reasonably practicable; otherwise notice served at least 14 days before entry (s.8(4)). This is separate from the party structure or section 6 notice. The notice of entry should state the date, who will enter, the purpose and the expected duration.

Surveyors’ right of entry

A surveyor appointed or selected under section 10 may enter and remain on land or premises during usual working hours to carry out their role (s.8(5)), for example to take a Schedule of Condition or inspect completed work, with the same 14-day notice from the building owner (or reasonable notice in an emergency) (s.8(6)). In practice surveyors arrange appointments by agreement.

Refusing access

Section 16 makes it an offence for an occupier to refuse entry, or for anyone to hinder or obstruct a person exercising the right under section 8(1) or (5), where they know or have reasonable cause to believe the person is entitled. The penalty on summary conviction is a fine up to level 3 on the standard scale. Prosecution is rare; most access issues are resolved by agreement or through the Award.

What the neighbour is entitled to

• No unnecessary inconvenience (s.7(1)).
• Compensation for loss or damage (s.7(2)), including damage to plants, paving and lawns.
• Protection where their land is laid open: hoarding, shoring or temporary construction for the protection of the land and the security of occupiers (s.7(3)).
• Reinstatement of anything moved.

Scaffolding

Scaffolding on a neighbour’s land is the most common access question. Where the scaffold is needed to carry out work under the Act, such as raising a party wall or weathering an exposed party wall, section 8 can cover it and the Award will usually regulate it: position, duration, protection of the ground, security (alarms, lockable ladders), and removal. Where the scaffold is needed for work outside the Act, such as building a new external wall wholly on your land that is not on the line of junction, section 8 does not apply. You then need the neighbour’s agreement, often with a licence and a fee, or in limited cases an order under the Access to Neighbouring Land Act 1992 for preservation work.

What an Award typically says about access

• The extent and duration of access, and the area of land affected.
• Scaffold design, security and protection of surfaces and planting.
• Working hours on the neighbour’s land.
• Arrangements for keys, alarms and pets.
• Reinstatement and compensation for damage.
• Insurance requirements for the contractor.

Common problems

• Builders entering without the 14-day notice.
• Assuming access for non-Act work, such as rendering the flank wall of a new extension set back from the boundary.
• Scaffold left up long after the work is finished.
• Damage to garden features not recorded beforehand. Include the garden in the Schedule of Condition.

Checklist for building owners

• Decide early whether access is needed and what for.
• Confirm the work is under the Act; if not, negotiate a separate licence.
• Serve 14 days’ notice of entry on owner and occupier.
• Agree scaffold details and protection; photograph the area.
• Reinstate promptly and fully.

Worked example (illustrative)

Illustrative only. Not a real case.

A homeowner raising the party wall for a loft dormer needs scaffolding in the neighbour’s rear garden to build up the neighbour’s face of the wall and form the flashing. The Award records that the scaffold may stand on a defined strip of the neighbour’s patio for no more than six weeks, on boarded sole plates, with alarmed lift-offs, and that a fence panel may be removed and reinstated. Fourteen days’ notice of entry is served on the owner and the tenant who occupies the house. After the scaffold comes down, a patio slab found cracked is replaced at the building owner’s cost.

At a glance

How access works alongside the rest of the process

Access under section 8 is not a free-standing right: it is tied to the notifiable work. In a typical project the sequence is:

1. Serve the party structure, section 1 or section 6 notice.
2. Obtain consent or an Award covering the work, including any scaffold or access arrangements.
3. Serve at least 14 days’ notice of entry on the owner and the occupier, naming the date and purpose.
4. Take a record of the area to be used, ideally in the Schedule of Condition.
5. Carry out the work in usual working hours, keeping the area secure and tidy.
6. Reinstate, and settle any damage under the Award.

Practical tips that avoid disputes

• Meet the neighbour on site before the scaffold goes up and walk through exactly where it will stand.
• Agree how gates will be kept closed and pets kept safe.
• Protect lawns and patios with boards or mats.
• Give the neighbour a direct contact for the site manager.
• Take the scaffold down promptly once the work needing access is finished.

What a notice of entry should contain

The Act requires notice of the intention to enter, served on both owner and occupier at least 14 days ahead (s.8(3)-(4)), but does not prescribe its content. In practice a good notice of entry states:

• The address of the land or premises to be entered, and the part affected (for example “rear garden, strip 1.2 m wide along the party wall”).
• The date of entry and the expected duration.
• The purpose, linked to the notifiable work (for example “to raise the party wall and form the flashing under the Award dated [ ]”).
• Who will enter: the contractor’s name and a site contact number.
• What will be moved or protected, and how it will be reinstated.

Serve it by a method allowed under section 15 and keep proof, just as for the main notice. If the date slips, tell the owner and occupier; a fresh notice may be prudent if the delay is significant.

Sources and further reading

• Party Wall etc. Act 1996, section 7: Compensation etc. (legislation.gov.uk)
• Party Wall etc. Act 1996, section 8: Rights of entry (legislation.gov.uk)
• Party Wall etc. Act 1996, section 10: Resolution of disputes (legislation.gov.uk)
• Party Wall etc. Act 1996, section 16: Offences (legislation.gov.uk)
• The Party Wall etc. Act 1996: explanatory booklet (GOV.UK)

This guide is general information on the law in England and Wales, written from our surveyors’ practical experience. It is not legal advice; for a specific dispute, take advice on your own facts.

Sources: Party Wall etc. Act 1996 (legislation.gov.uk) · The Party Wall etc. Act 1996: explanatory booklet (GOV.UK). Last reviewed 27 October 2026. General guidance on the law in England and Wales, not legal advice.