The short answer
Sometimes, yes — but only under strict rules. Section 8 of the Party Wall etc. Act 1996 gives the building owner and their workers a right to enter and remain on the adjoining owner’s land where it is necessary to carry out work under the Act. They must give notice of entry (normally 14 days, or none in a genuine emergency), and the access must be limited to what is reasonably needed. It is not an open-ended right to wander onto your property.
Why it matters
Access under section 8 is tied to the notifiable works — for example erecting scaffolding, building the wall, or protecting your property. Key points:
- notice of entry is required, usually 14 days, except in an emergency;
- the access conditions are normally set out in the party wall award, which can fix hours, protection and making good;
- refusing lawful access can itself be an offence under the Act;
- but the building owner cannot exceed what the works genuinely require.
Crucially, if there is no valid notice and award, there is generally no section 8 right at all — which is another reason a building owner should never start without serving notice.
What to do now
- Narrow the points in dispute. The more the owners can agree between themselves, the less the surveyors have to resolve — which keeps fees proportionate.
- Where a surveyor is needed, a single agreed surveyor acting for both owners is usually quicker and cheaper than two — the route Coburns recommends.
- If you are the adjoining owner, expect access to be defined in the award — ask for it to be limited, tidy and time-bound, with making good.
- If you are the building owner, give the proper notice of entry and keep access to what the works need.
- Agree hours, protection and reinstatement before work starts.
- Keep a record of the access arrangements and any damage.
Common mistakes
- Building owners assuming they can enter without notice or an award.
- Adjoining owners refusing access that the Act actually permits.
- No agreement on hours, protection or making good.
- Scaffolding or materials left longer than necessary.
When to call Coburns
Access disputes are common and usually avoidable. We set clear, fair access terms in the award so the work gets done without conflict — and we hold both sides to them.