Can I enter my neighbour's land to build an extension?
In some circumstances, yes.
Section 8 allows a Building Owner and those undertaking the works to enter and remain on adjoining land or premises for the purpose of executing work in pursuance of the Act.
Entry is ordinarily during usual working hours.
This is not a general right to enter a neighbour's property for any construction activity.
The proposed works must fall within the Act, and the access must be connected with carrying them out.
What does Section 8 require?
The main requirements include:
Notice
At least 14 days' notice of the intended entry must normally be served on the owner and occupier.
In an emergency, as much notice as is reasonably practicable must be given.
Working hours
Statutory entry is ordinarily during usual working hours.
Purpose
The access must be for executing work in pursuance of the Act.
Separate Notice
The access Notice is separate from the Party Wall Notice relating to the works, which has its own statutory notice period.
Surveyor access
A surveyor appointed or selected under Section 10 also has rights of entry for the purpose of carrying out their statutory role, subject to the relevant notice requirements.
Building up to the boundary instead of setting the wall back
We sometimes see extension drawings where the flank wall has been deliberately set back from the boundary because the architect assumes there is no way to access the neighbouring garden during construction.
That can unnecessarily reduce the internal width of the extension.
Under Section 1(5), a Building Owner proposing to construct a new wall wholly on their own land at the line of junction serves Notice on the Adjoining Owner at least one month before the work begins.
Section 1(6) also provides rights relating to necessary projecting footings and foundations beneath adjoining land.
Those rights are exercisable during the statutory period beginning one month after service of the relevant Notice and ending twelve months after service.
Section 1(7) addresses the Building Owner's responsibility for the costs of the wall and compensation for relevant damage.
The possibility of building right up to the boundary is therefore worth considering before the extension design is finalised.
However, whether Section 8 authorises access from the neighbour's side for a particular construction method, scaffolding arrangement or working area depends on the statutory works and circumstances.
We would not assume that every form of access is automatically authorised simply because a Section 1(5) Notice has been served.
Access should be considered expressly, through the statutory procedure where applicable or a separate written access agreement where necessary.
The right to place projecting footings is also distinct from the restrictions on special foundations.
Setting the wall back, or building to the boundary
Illustrative diagram — not to scale.
What can the Building Owner do while accessing the property?
Any access must be connected with works authorised under the Act.
Depending on the circumstances, this may involve workers entering the adjoining land to carry out relevant construction operations.
The Act also protects the Adjoining Owner.
Section 7 provides that:
- Rights must not be exercised in a manner or at a time causing unnecessary inconvenience.
- The Building Owner must compensate for relevant loss or damage.
- Appropriate temporary protection must be provided where adjoining land or buildings are exposed.
Gardens, paths, paving, decorative finishes and other affected areas may also need protection.
An access right is not permission to disregard the condition of the neighbouring property.
Two separate notice periods
Track A — Section 1(5) wall
Track B — Section 8 access
Access must be authorised under the Act and is not automatically available for every proposed construction activity.
Can the Adjoining Owner refuse access?
Where a valid statutory right of entry exists and the applicable requirements have been satisfied, the Adjoining Owner cannot necessarily prevent access simply by withholding informal permission.
However, disagreements may arise about whether access is authorised or whether the proposed arrangements are reasonable.
Those matters should be addressed before access is attempted.
Where no statutory right exists, separate permission or an access agreement may be needed.
An Adjoining Owner should receive the appropriate Notice and be informed of the proposed access arrangements.
How can surveyors help?
Where surveyors have been appointed under the Act, they can consider access arrangements that fall within their statutory jurisdiction.
Depending on the project, this may include:
- The areas requiring access.
- The purpose and duration of access.
- Working methods and reasonable precautions.
- Protection of the adjoining property.
- Making good any relevant damage.
Clear communication is especially important where the works involve access through a neighbour's garden or other regularly used space.
What should you do next?
If you're planning an extension close to the boundary, we can review your drawings and advise on the Party Wall procedures and how any necessary access may be dealt with.
Related guides: Special Foundations and Consent · Do I Need a Party Wall Notice for My Extension? · Party Wall Notices Explained: Types and Timescales
