Today, we shall focus on Access to Neighbour's Garden Wall.
The Party Wall Act gives building owners the right of entry into a neighbour’s land to initiate their building or excavation works in a sound and secure manner.
The building owner should serve the adjoining owner with a party wall notice to acquire this right of entry. The adjoining owner reserves the right to respond to the notice.
Here we are not covering the response choices available for adjoining owners. You can get the detailed blog post here on party wall notice response options the adjoining owners have.
The party wall act does not grant the building owner the legitimate access right. However, it covers the rights of adjoining owners fully before the construction or excavation works begin.
This process is accomplished through a party wall agreement, also referred to as a party wall award.
The Party Wall Award defines the adjoining owner’s legitimate rights while overseeing the building owner’s projected works. It also ensures that the works do not pose a danger to the resident’s lives.
On the Garden Access, it will be done through a well-evaluated and solid enclosed area or hoarding. It is usually over one meter in width from the building owner’s proposed wall area.
Heavy-duty thick plastic sheeting, polystyrene, or foam boarding are used to cover the terrain leading to the adjoining owner’s plot.
Any materials used are lapped over multiple times. Doing so ensures that pressure from workers standing on the decking area, patio, or garden, on the neighbour’s property poses as little danger as possible to prevent scratches or scuffs on the property once works are complete.
Later the hoarding will be erected while leaving a screen between the construction area, the building owner’s site, and the neighbour’s garden.
The access right is limited for a particular period which can be a few weeks. As a result, the building owner will be tasked with completing the works as effectively as possible.
The building owner can collaborate with a Party Wall Surveyor to ensure that the works are done according to plan.
Sometimes the adjoining owner may overlook the party wall access. When this happens, consider dismissing their actions even though they can be frustrating.
How you use your garden will eventually determine the appearance of the finishes on the building’s flank wall.
Your efforts should also ensure that the adjoining owner will be facing a tidy structure.
Party Wall Access is one of the most debated topics in the Party Wall Act, with every building owner having varying opinions on whether they would agree to it or not.
We always recommend talking to a skilled and experienced Party Wall Surveyor before commencing the proposed project. Please don’t hesitate to get in touch with any of our experienced party wall surveyors for the same.
Doing so plays a great role in ensuring that you are well versed with what you should or shouldn’t do to acquire access to your neighbour's garden wall.
