An Access Licence will be required, if works are not for repair or maintenance of a structure bordering the neighbour’s property. A neighbouring owner does not need to consent to access their property, or even agree to having an Access Licence. The owner undertaking works, only has a legal right of entry via an Access Licence. An Access Licence allows temporary access, and easement onto the neighbouring owner’s property or air space. The terms within the Access Licence, will need to be mutually agreed upon.
The Access Licence ensures access is undertaken safely and the neighbouring property is Protected, security is of upmost importance. Where scaffolding is required, it will be alarmed ensuring intruders are not able to access the neighbour’s land or property. The alarm will need to be clearly posted, on every fascia of the scaffolding and will have a suitable solution in place in the event of trigger.
When requested by the neighbour, the Access Licence ensures there is a sum payable by the owner whom requires access to their property. Rental figures can be at any level, location of the access and the duration it is required for is usually how this is determined.
Security funds are commonly held on account acting as Security for future expenses. This sum protects the neighbouring owner. These funds will be made available in the event of access durations are not adhered too, damage or other unforeseen cost.
The Access Licence will include the terms and procedures in the event of damage, ensuring that the matter is rectified promptly and without delay.
The Access Licence, will resolve any potential issue and the way the dispute should be managed, i.e. resolution protocols and their timings.
The terms of the access duration will be within the Access Licence. There will also be clauses, setting out the timings and manner access can take place.
Your Surveyor’s role will be to review the proposed works taking the neighbouring property into account. Ensuring the associated risks, both short and long term have been considered. This ensures the damage risk is bought to a minimum.
We believe that Access Licence costs should be transparent. in order to obtain a fixed cost,
please get in touch with our Surveying team who will be happy to advise.
The Royal Institution of Chartered Surveyors is one of the world's largest and most influential professional bodies that regulates and promotes the property surveying profession. With a Royal Charter since 1881. Within our team, we have both RICS Registered Party Wall Surveyors, Valuers and RICS Accredited Mediators.
The Chartered Institute of Building is the world's largest and most influential professional body for construction management and leadership. With a Royal Charter since 1834 to promote the science and practice of building and construction for the benefit of society.
The Chartered Institute of Arbitrators is the world’s leading qualification and professional body for dispute avoidance and dispute management. With a Royal Charter since1979.
Chartered Association of Building Engineers
A Building Engineer is a competent, professionally qualified, experienced individual with a critical understanding of the interaction of buildings and people. Building Engineers collaborate to deliver better outcomes for everyone.
The Royal Institution of Chartered Surveyors is one of the world’s largest and most influential professional bodies that regulates and promotes the property surveying profession. With a Royal Charter since 1881. Within our team, we have both RICS Registered Party Wall Surveyors, Valuers and RICS Accredited Mediators.
The Chartered Institute of Building is the world’s largest and most influential professional body for construction management and leadership. With a Royal Charter since 1834 to promote the science and practice of building and construction for the benefit of society.
The Chartered Institute of Arbitrators is the world’s leading qualification and professional body for dispute avoidance and dispute management. With a Royal Charter since1979.
Chartered Association of Building Engineers
A Building Engineer is a competent, professionally qualified, experienced individual with a critical understanding of the interaction of buildings and people. Building Engineers collaborate to deliver better outcomes for everyone.
The Centre for Effective Dispute Resolution (CEDR) specialises in mediation and alternative dispute resolution (ADR). We are an independent non-profit organisation and a registered charity.
The independent quality assurance process of Valuer Registration, reinforces the highest professional standards. Valuer Registration is a risk monitoring and quality assurance programme which checks compliance with the RICS Red Book.
All Accredited Mediators included on the register will have successfully completed training with RICS or a training provider that meets the requirements of the Civil Mediation Council.
The Faculty of Party Wall Surveyors promotes the highest standards of professional practice in this field of expertise and to expand the knowledge and study of all matters to do with party walls, to encourage the exchange of information and ideas amongst its Members.
The Centre for Effective Dispute Resolution (CEDR) specialises in mediation and alternative dispute resolution (ADR). We are an independent non-profit organisation and a registered charity.
The independent quality assurance process of Valuer Registration, reinforces the highest professional standards. Valuer Registration is a risk monitoring and quality assurance programme which checks compliance with the RICS Red Book.
All Accredited Mediators included on the register will have successfully completed training with RICS or a training provider that meets the requirements of the Civil Mediation Council.
The Faculty of Party Wall Surveyors promotes the highest standards of professional practice in this field of expertise and to expand the knowledge and study of all matters to do with party walls, to encourage the exchange of information and ideas amongst its Members.
The owner undertaking the works, will pay the costs of obtaining the Access Licence, as they are benefiting from the access.
Yes, you can legally request rent or a premium from the owner who would like access to your land. In most circumstances, the rent tends to be agreed by the Surveyors or Surveyor assisting the owners.
Yes, times of which access can take place, will form the terms agreed within the access licence.
More often than not, working hours will be in line with local authority allowances. However, each Licence is different, and considerations will be taken into account.
No, an owner can refuse requests for access and does not need to provide a reason for the refusal.
