Rights of Access for a Building Surveyor Professional

For matters connected with the Party Wall etc. Act 1996, you will need to know certain information. You will need to be guided on these matters by experts.

The Building Surveyor professionals are here to help you. Party wall matters can be very complicated, and you must understand your rights. You will also need to be aware of your neighbours’ rights. Guidance will be required on the conditions of the notices etc. You will see how important it is to collect the right information.

What is Party Wall?

In simple terms, a party wall divides two owners’ buildings, with the boundary between ownerships usually, but not always, positioned at the centre of the wall. Please see our blogs on party walls for more information regarding this.

Common-Law and Statutory Rights

When a wall stands over the boundary of two people’s land, there are mutual easements of support. Express rights under deeds will also need to be checked. Building Surveyor Kingston professionals can help you to ascertain this information.

The Boundary

Establishing the boundary line is imperative to all party wall matters. It needs to be determined whether the wall stands on or over the boundary line; this will depend on numerous factors. The Building Surveyor Kingston professionals have expertise in this.

Some of these factors include:

• the express terms of the conveyance and documents.
• the lie of the land.
• position of structures on the ground.
• the neighbouring parties’ intention.

This is not an exhaustive list. For more information, please contact the Surveyors Surrey Kingston team.

Section 8 of the Party Wall etc. Act 1996

Section 8 of the Party Wall etc. Act 1996 gives access to a neighbour’s land to undertake works that the Act covers; this could construct a new wall along the boundary. It could also be because notice has been served to rebuild a wall maybe. Whatever the reason for this, Section 8 needs to be adhered to. Building Surveyor Kingston professionals will explain all this to you. The building owners are dealt with under Section 8(1) of the Act.

If you would like to read more regarding Section 8.

For all matters regarding party walls and access, Building Surveyor Kingston professionals are here to help you.

How to Exercise a Right of Access

There are a few different ways to exercise this right. It can be exercised where notice has been served with the intention of undertaking works. The Act would permit these. It can also be exercised when 14 days prior notice is given. If a neighbour consents to the notice, it can also be exercised.

As with all party wall matters, this is complicated. You need to be aware of all the right information regarding this. Before proceeding with any work, please talk to Building Surveyor Kingston professionals.

A Party Wall Award can determine the access and conditions. These must be agreed upon by both parties. It is an offence for a neighbour to obstruct these works. If you are dealing with this problem, the Building Surveyor Kingston professionals can help.

Scaffolding

It is interesting to note that there are rules where scaffolding is concerned. Suppose a right of access exists under the Party Wall etc. Act, no scaffolding license is necessary. Again, these details should be checked with your chartered surveyors; this should be done before commencing any work.

No Rights of Access

The Party Wall Act gives that access; this access can not be used for works that do not come within the Act, i.e., fixing a gutter.

Do you need access to your neighbour’s land to carry out maintenance? If so, you will need the agreement of the neighbour. If this is not possible, access must be gained under the Access to Neighbouring Lands Act 1992. 

As with all party wall matters, the Act is tricky and specialist advice should be sought. The Building Surveyor Kingston professionals are experts in this matter.

What if I Want to Build a New Party Wall?

You will need to adhere to Section 1 of the Party Wall etc. Act 1996; this will detail the relevant notices and documents you will need for this. Please see the link above for the Party Wall Act. If, for example, a new wall is built and this faces directly on your neighbour’s land. The neighbour may be able to enter your land. Please take advice on all these matters. It is a very complicated procedure. The correct advice and information at the beginning of these matters will save time and aggravation in the future. Our Building Surveyor Kingston professionals are experienced in all of these matters. Please contact us for more information.

Fees

There will be fees payable. The building owner will have to pay his own surveyor’s fees. For more information on this, please contact Building Surveyor Kingston professionals.

Guidance from Our Building Surveyor Professionals

You will require guidance on all matters related to the Party Wall etc. Act 1996. If you are carrying out work and are unsure of access, please contact us. Experienced Building Surveyors work across the UK, from Milton Keynes to Southampton to Swindon and are on hand to give you information on all matters.

Summary

To reiterate, it is essential to seek the correct information for all works—rights of Access under the Party Wall, etc. Act 1996 must be adhered to. Building Surveyor Kingston professionals can answer all your questions.

You can see from the above that the party wall process can be complicated. If you have any more questions about the party wall service, feel free to contact us with your query and we will organise for you to be organised with initial FREE expert advice!