Access Licences – this is often something which is forgotten until too late when it can cause delay, bad feeling and expense.
If you are developing your property then you will probably need to get access on or over an adjoining property or neighbour’s land for the purpose of carrying out your proposed works.
The simplest route is via an Informal Agreement. It usually pays to enter into a dialogue with your neighbour as soon as possible and to chat through the issues and options. You might be prepared to offer some compromise to give your neighbour some comfort because people can find this a disruptive and confrontational process.
We would highly recommend that even if you reach agreement you still put something in writing and take a photographic record. This way, if there is any damaged caused it’s a matter of record and not of dispute. It also avoids any difficulties or problems arising during the project.
To erect a scaffold or hoarding on your neighbour’s land may require an Access Licence or alternatively, you may have this as right if you are carrying out works pursuant to the Party Wall Act 1996.
The Access to Neighbouring Land Act 1992 may give you a right of access but it is important to note that the Act only allows for access to maintain and repair – it does not provide a solution during development or building works.
Greenwood Bell would be happy to advise and assist.