Blogs
How to Prepare a Method Statement for Access to Your Neighbour's Property Under Section 8 of the Party Wall Act
Tuesday 17th December 2024
Carl O'Boyle BSc MRICS FCIOB MFPWS
To comply with Section 8 of the Party Wall etc. Act 1996, which allows a building owner to request access to a neighbour’s land to facilitate notifiable works, the builder should prepare a comprehensive Access Method Statement. This statement should demonstrate that the access will be safe, justified, and carried out in a way that minimizes disruption or damage to the adjoining owner's property. Below are the key elements the builder should provide in the Access Method Statement.
1. Scope of Works
• Description of Notifiable Works: Clearly define what the works are and why access to the adjoining owner's land is essential. For example, scaffolding erection, underpinning, excavation, or crack monitoring.
• Duration of Access: State the start and end dates, along with work hours, to give clarity on how long access is required.
• Location of Access: Identify the areas where access is required (e.g., rear garden, side passage, roof, balcony, etc.) and specify the extent of the access.
2. Justification for Access
• Reason for Access: Explain why the works cannot be carried out solely from the building owner's side and why access to the adjoining owner's property is unavoidable.
• Legislative Reference: Reference Section 8 of the Party Wall Act to highlight the legal basis for the request.
3. Access Arrangements
• Entry Points: Detail how the building team will access the property (e.g., side gates, access through common areas, etc.).
• Temporary Works: If temporary structures (like scaffolding) are required, specify their location, size, and design.
• Control of Access: Clarify who will need access (builders, surveyors, contractors) and ensure that only essential personnel will enter the adjoining property.
4. Health and Safety Measures
• Risk Assessment: Conduct a full risk assessment and include it in the statement.
• Method of Protection: Detail measures to protect the adjoining owner’s property (e.g., use of protective sheeting, temporary barriers, or boarding up windows).
• Personal Protective Equipment (PPE): Confirm the use of PPE for all workers on site.
• Working Hours: State the hours of access (typically aligned with local working hours to avoid complaints about noise or disturbance).
5. Protection of Adjoining Owner's Property
• Preventing Damage: Explain what measures will be put in place to avoid damage to the adjoining property (e.g., installing hoarding, protective barriers, etc.).
• Dilapidation Survey: It is best practice to undertake a Schedule of Condition on the adjoining property before access begins. This creates a formal record of its condition, which helps prevent disputes about pre-existing vs. new damage.
6. Minimisation of Disruption
• Mitigation Measures: Explain how disruption (e.g., noise, dust, and debris) will be minimised. This could include measures like dust suppression, quiet working hours, or noise barriers.
• Notification to Adjoining Owner: Provide clear information on how and when the adjoining owner will be notified before access begins.
• Emergency Contact Information: Include emergency contact details for site supervisors or party wall surveyors.
7. Insurance and Indemnity
• Insurance Coverage: Confirm that the contractor and/or building owner has public liability insurance in place to cover any accidental damage to the adjoining property.
• Indemnity Clause: Provide a formal commitment to repair, reinstate, or compensate for any damage caused to the adjoining property as a result of the works.
8. Supervision and Responsibility
• Site Supervisor: Name the person responsible for supervising the works and ensuring compliance with the method statement.
• Party Wall Surveyor: Note if a party wall surveyor will inspect the access works at any stage.
9. Sign-Off and Agreement
• Signature of Builder / Main Contractor: The statement should be signed off by the builder or main contractor to ensure accountability.
• Approval by Party Wall Surveyor: If the party wall surveyor requires changes or additions to the statement, these should be recorded and agreed upon before works begin.
This method statement not only helps to ensure compliance with Section 8 of the Party Wall Act, but it also demonstrates transparency and good practice. It should be shared with the party wall surveyor and the adjoining owner to avoid disputes and facilitate smooth access.
