Blogs
Access Challenges for Adjacent Works Near a Type B Party Wall: Legal Options and Best Practices"
Wednesday 12th February 2025
Carl O'Boyle BSc MRICS FCIOB MFPWS
In the scenario where it's impossible to effectively raise a new wall adjacent to a Type B party wall without access onto the Adjoining Owner's land, access rights under the Party Wall etc. Act 1996 would be limited, as the Act primarily facilitates the execution of works directly to, or necessary because of, the existing party structure.
If the Building Owner's work does not directly involve the existing party wall but is merely adjacent and requires access onto the Adjoining Owner's land, they would not automatically have rights under the Party Wall Act to access the Adjoining Owner's property for this purpose.
Here's how it would generally be handled:
Negotiation and Agreement: The Building Owner should negotiate directly with the Adjoining Owner to obtain permission for access. It is advisable to formalize this agreement in writing to avoid any future disputes.
Temporary Access Agreement: If an agreement is reached, it might be under a license for temporary access, possibly including conditions such as the timing of access, the duration, measures to protect the Adjoining Owner's property, and compensation for any inconvenience or damage.
Necessity of Access for Legal Construction Work: If the work is essential and constitutes legal improvement or repair that cannot be conducted without such access, and if negotiations fail, the Building Owner might consider legal advice or action based on necessity or other legal grounds. This would generally require demonstrating that the work is necessary and that there is no other viable means of conducting the work.
Alternative Legal Remedies: In some jurisdictions, there may be other legal provisions or common law rights that can facilitate necessary access to a neighbour's property for the purposes of construction or maintenance that benefits both properties. This often requires legal adjudication.
In summary, for work adjacent to a Type B party wall where access to the Adjoining Owner's land is necessary but not covered by the Party Wall Act, the Building Owner should seek to negotiate an access agreement or explore other legal avenues to obtain the required access.
