Section 8 Party Wall – Access to Adjoining Land | Divaar
What is a Section 8 Notice?
Section 8 of the Party Wall etc. Act 1996 provides a Building Owner with a statutory right of access onto an Adjoining Owner’s land, where such access is necessary to carry out works that are authorised under the Act.
Unlike Sections 1, 3, and 6, Section 8 is not a notice of works in itself, but a provision that allows access to enable lawful works to be carried out.
When is access under Section 8 permitted?
Access may be permitted where it is reasonably necessary to carry out works that have been properly notified under the Act, including:
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Works to a party wall or party structure
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Excavation works close to neighbouring foundations
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Construction or repair works at or near the boundary
Access must be for the purposes of the works only and not for convenience.
Typical examples of Section 8 access
Common situations where access may be required include:
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Erecting scaffolding or hoarding
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Carrying out external repairs or weatherproofing
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Constructing or repairing walls at the boundary
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Temporary access for inspection or making good
Notice and conditions of access
Before access is taken, the Building Owner must:
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Give the Adjoining Owner prior notice (except in cases of emergency)
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Ensure access is at reasonable times
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Take all reasonable steps to minimise inconvenience
The Adjoining Owner’s land must be left secure and safe at all times.
Damage and making good
Any damage caused as a result of access under Section 8 must be:
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Made good, or
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Compensated for, where making good is not reasonably possible
These matters are commonly addressed within a Party Wall Award, where surveyors are appointed.
What happens if access is refused?
If lawful access under Section 8 is unreasonably refused, the Building Owner may be entitled to:
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Seek resolution through appointed surveyor(s), and
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Enforce access through the terms of a Party Wall Award
How we can help
We will:
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Advise whether access under Section 8 is applicable
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Assist with providing proper notice of access
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Include access provisions within a Party Wall Award where required
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Ensure access arrangements are fair, lawful, and clearly defined
Our aim is to ensure works can proceed without unnecessary conflict, while protecting the rights of all parties.
Related Notices
Access under Section 8 commonly arises in connection with:
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Section 1 Notices (line of junction works)
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Section 3 Notices (works to party structures)
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Section 6 Notices (adjacent excavation)