Party Wall Rights of Entry & Access Arrangements: Scaffolds, Hoardings & Safety

If you are planning works near a boundary in England or Wales, understanding Party Wall Rights of Entry & Access is critical. The Party Wall etc. Act 1996 provides clear statutory powers - and limits - around entering neighbouring land, erecting scaffolds or hoardings, and keeping people and property safe while work proceeds. In this guide, I explain when the Act grants a right of entry, what notice you must give, how access is controlled by a party wall award, who pays, and how to structure robust access arrangements for scaffolds, hoardings, temporary roofs and other safety measures. I also cover what happens when access falls outside the Act and the practical clauses surveyors should include to prevent disputes and delays.

1) Party Wall Rights of Entry & Access - What the Act actually allows

Rights to carry out the work. The Act grants a building owner specific rights to work on, cut into, raise, or otherwise alter a party structure (including party walls and party fence walls) and to safeguard adjoining foundations where notifiable excavation is planned. These core powers sit principally in sections 2 and 6 of the Act and underpin most construction activities that later require access arrangements.

Rights of entry to do those works. Section 8 is the linchpin for physical access. It allows the building owner (and “servants, agents and workmen”) to enter and remain on adjoining land during usual working hours to execute works “in pursuance of this Act”. In straightforward terms: if your works are lawful party wall works, you have a statutory right to access the neighbour’s land to do them - subject to the Act’s conditions.

Advance notice of entry. Except in an emergency, you must serve not less than 14 days’ notice of the intended entry on both the adjoining owner and occupier (section 8(4)). For emergencies, the notice must be “as reasonably practicable” (section 8(3)). These are hard statutory timelines that awards should mirror unless parties agree otherwise.

No unnecessary inconvenience. Section 7(1) imposes a general duty: do not cause unnecessary inconvenience to the adjoining owner or occupier when exercising your statutory rights. This duty should be front-of-mind when planning scaffolds, hoardings or site circulation and is often reflected in award conditions on working hours, sequencing, and cleanliness.

Compensation, protection and making good. Section 7(2) requires the building owner to compensate for loss or damage caused by works under the Act. Section 7(3) adds a proactive safety obligation: if adjoining land or buildings are “laid open” during the works, the building owner must make and maintain proper hoarding, shoring, fans or temporary construction to protect the adjoining property and occupiers. This is the statutory hook for many hoarding and overhead protection provisions in awards.

Surveyors’ power to regulate time, manner and cost. Where there is a dispute, section 10 empowers surveyors to decide not only what may be done, but the time and manner of executing any work, and to deal with associated costs. This is how access protocols, scaffold positions, protection measures, and de-risking arrangements end up as enforceable award clauses.

Electronic service of notices. The Act permits service by post or in person and - if the recipient has agreed to receive documents electronically - service by email or other electronic means (section 15, as amended). This is especially useful for the 14-day access notice under section 8.

Enforcement and offences. Obstructing a lawful entry or hindering those executing works or inspections is a criminal offence (section 16), punishable on summary conviction. Awards should set out a rational, staged escalation process long before anyone contemplates involving the police (which section 8(2) anticipates, albeit rarely, where closed premises must be entered with a constable).

2) When does the statutory right of entry cover scaffolds and hoardings?

The key test is purpose: section 8 access exists to execute “any work in pursuance of this Act.” If your scaffold or hoarding is necessary to carry out notifiable party wall works (for example cutting flashings into the neighbour’s wall, raising a party fence wall, inserting a DPC in a party wall, underpinning following a section 6 notice), then it sits within the statutory right of entry - subject to notice, manner and safety requirements.

Common examples where section 8 supports access with scaffold/hoarding:

Cutting into a party wall to insert flashings or a damp proof course (section 2(2)(f) and (j)).

Raising, thickening or rebuilding a party structure where necessary for the works (section 2).

Underpinning or safeguarding adjoining foundations in connection with notifiable excavations (section 6).

Providing protective hoarding or fans where the adjoining land is laid open or at risk during the works (section 7(3)).

Where scaffolds or hoardings are only for convenience (e.g., to re-decorate your own flank wall that is not a party structure and not otherwise part of notifiable works), the Act will usually not supply a right of entry. In those cases, you’ll need a private access licence with the neighbour (or, in limited cases, a court order under other legislation). A well-negotiated licence can follow similar risk and safety logic to a party wall award, but it is not founded on section 8.

3) The golden rules for access under the Act

1) Serve the correct notices, then the access notice. Party structure works generally require a two-month party structure notice (section 3). Adjacent excavation works require a one-month notice (section 6). Once the award is agreed (or determined), serve the 14-day access notice under section 8(4) (or an emergency notice where justified).

2) Use the award to “design” access. Surveyors should specify the time and manner of access (section 10(12)), including scaffold footprint, tie positions (if relevant to the adjoining property), loading, temporary roofs, hoarding lines, permitted hours, and site behaviour rules.

3) Prevent unnecessary inconvenience. Incorporate the section 7(1) duty in practical terms - e.g., require debris netting, weekly cleaning, protected walkways, noise/dust control, and courteous site conduct.

4) Protect people and property. Where land is laid open or at risk, the award should mandate proper hoarding, shoring, and fans/overhead protection sized to the hazard (section 7(3)). Include lighting and wayfinding where hoardings affect safe access and egress.

5) Pay for loss/damage and insure adequately. The building owner must compensate for loss/damage caused by works (section 7(2)). Awards typically require evidence of insurance (public liability and contractors’ all-risks) with the adjoining owner named as an interested party.

6) Schedule of condition. A baseline record is essential to separate pre-existing defects from site damage and to speed up making good or agreeing cash alternatives under section 11 mechanisms (and section 10 powers).

7) Security for expenses where risk is material. If access will be lengthy or risk-laden (e.g., deep excavations needing shoring on a neighbour’s side or long-duration temporary roofs), the adjoining owner may require security for expenses before works commence (section 12). Awards can determine the amount, form, and release triggers if parties do not agree.

8) Electronic service - use it. If the neighbour has agreed to e-service, use section 15 to streamline delivery of notices and award documents. Maintain a clear service log.

9) Respect “usual working hours”. Section 8 frames entry during “usual working hours”; the award should define these hours, plus quiet working in sensitive periods if needed.

4) Designing scaffold and hoarding solutions that comply with the Act (and keep projects moving)

Right-sized, risk-led design. The statutory duty not to cause unnecessary inconvenience should steer you toward the least intrusive solution that still safely delivers the works. Where you can, prefer smaller towers over full wraps, shorter runs over estate-wide lines, and lighter hoardings with controlled openings where escape routes or daylight are critical to the neighbour. Cite the risk assessment in the award schedule so the logic is transparent.

Overhead protection and “fans”. Section 7(3) explicitly anticipates “fans” (overhead protection). For roof works or elevation rebuilds above neighbour entrances or gardens, a tin-hat or crash-deck may be necessary. The award should specify clear heights, load classes, and inspection frequency to ensure the protection stays effective throughout the programme.

Temporary roofs. Long-duration works to party structures often need temporary weathering solutions that sit partially over the neighbour’s airspace. The award should define span limits, noise constraints for sheeting in windy conditions, and removal dates linked to progress milestones - plus a contingency to re-sheet after storms.

Hoarding lines and neighbour operations. Hoardings can obstruct deliveries, parking, waste access, fire exits, or accessible routes. Because section 7(3) obliges “proper hoarding” for protection where land is laid open, awards should balance safety with continuity of the neighbour’s operations, setting out agreed widths, turning radii, sightlines, lighting, and housekeeping standards.

Services, gardens, and trees. Scaffolds and hoardings must avoid damaging drains, lighting cables, sprinkler lines or roots. Awards should include survey and temporary works drawings showing pad positions, fencing standoffs, and tree protection where relevant - making explicit that the building owner restores surfaces, turf or planting and rectifies hidden damage discovered later (a common flashpoint).

Inspections and maintenance. Use section 10 powers to require weekly scaffold/hoarding inspections, wind-event checks, and a named duty holder responsible for housekeeping on the neighbour’s side. Keep a log and share it with the adjoining owner on request.

5) What belongs in a robust access protocol within the award

Surveyors can and should translate the Act’s general duties into clear, enforceable site rules. Typical clauses include:

Scope and necessity statement linking each access element (scaffold bay, hoarding, temporary roof) to specific notifiable works - i.e., why it is “in pursuance of the Act” (section 8).

Programme and notice: intended start/finish, the 14-day entry notice mechanics (recipient names/addresses/emails under section 15), and emergency contact details.

Working hours and quiet periods; constraints for weekends and bank holidays reflecting “usual working hours” (section 8).

Method statements and risk assessments (including lifting plans and exclusion zones).

Protection measures under section 7(3) (hoardings, shoring, fans), with drawings and specifications appended.

Housekeeping: dust suppression, debris netting, daily tidy, wheel-wash where relevant, and keeping neighbour routes clean and unobstructed (links back to section 7(1)).

Security for expenses (section 12): amount, instrument (escrow, bond), drawdown triggers, top-ups, and release.

Insurance: cover types, limits, endorsements, and evidence cycles.

Vibration/noise monitoring near sensitive uses, with stop-work thresholds and mitigation steps.

Supervision and inspections: who may enter (including surveyors - section 8(5)), how often, and what records are kept.

Making good and compensation: fast-track repair vs cash settlement with section 10 determination if parties disagree; payment terms and VAT treatment.

Dismantling and reinstatement: removal deadlines, surface repairs, re-seeding/re-laying, final clean, and sign-off.

Dispute and escalation: reference to section 10 for swift determination; remind parties that obstruction of lawful entry is an offence (section 16).

6) Costs, compensation and “who pays?”

The general rule is that the building owner pays for works executed under the Act (section 11(1)), subject to specific sharing rules in section 11 where appropriate. For access arrangements:

Access-related temporary works (scaffolds, hoardings, fans) required to carry out your notifiable works are your cost. Where the award adds features solely for the neighbour’s convenience, it may allocate those extras differently.

Damage and loss caused by the works must be compensated (section 7(2)). If a floor or garden is laid open under section 2(2)(e), the Act requires a “fair allowance” for disturbance and inconvenience (section 11(6)). Awards can quantify this or set a mechanism to assess it later with section 10 powers.

Surveyors’ reasonable costs for making awards and inspections are recoverable as the surveyors direct (section 10(13)).

Accounting for works where costs are shared (e.g., future use of works by the neighbour) is dealt with under sections 13–14, again with any disputes decided under section 10.

7) Security for expenses: when and how to use it

Security for expenses (section 12) is invaluable where access will be long, complex or risk-heavy (deep excavations, temporary roofs over neighbour premises, intrusive shoring). The adjoining owner can demand security before works start; if parties disagree on the amount or form, surveyors determine it under section 10. Practical tips:

Evidence the risk: method statements and temporary works designs justify the security figure.

Choose the instrument: escrow or a performance bond are common; define drawdown triggers (e.g., failure to make good within a set time, contractor insolvency).

Set review points: top-up or reduction as works progress.

If the adjoining owner fails to provide security requested under section 12(2) (where relevant), their requirement or notice may cease to have effect after the statutory period, as the Act provides. Build these contingencies into your programme to avoid stalemate.

8) Party Wall Rights of Entry & Access: surveyors and inspections

Section 8(5) gives appointed surveyors their own right of entry during usual working hours “for the purpose of carrying out the object for which [they are] appointed”. They too must give 14 days’ notice unless in an emergency (section 8(6)). Awards should set out who attends, PPE requirements, induction rules on the neighbour’s land, and how findings (e.g., damage or housekeeping issues) are recorded and acted upon.

9) Disputes and enforcement: keeping access on track

Surveyor determination under section 10 is the fast route to resolve disagreements about access, scaffold configuration, hoarding lines, or safety protocols. Awards can be appealed to the county court within 14 days of service (section 10(17)), but parties usually proceed while minor points are resolved, thanks to clear, staged conditions in the award.

Obstruction is risky. If an occupier refuses lawful entry or hinders those executing works or inspections, they may commit an offence (section 16). Awards should encourage dialogue and escalation to surveyors before anyone contemplates enforcement.

10) Step-by-step: securing access the right way

1) Identify notifiable works (party structure and/or adjacent excavation).

2) Serve the correct statutory notice (two months under section 3 for party structure; one month under section 6 for excavation).

3) Appoint surveyors if there is a dispute or deemed dissent (section 10).

4) Prepare the award, including access protocol, drawings, safety measures (section 7(3)), and security for expenses if needed (section 12).

5) Record the schedule of condition.

6) Serve the 14-day access notice (section 8(4)), using electronic service where agreed (section 15).

7) Hold a pre-start meeting on the neighbour’s land; confirm routes, permits, and housekeeping.

8) Construct, inspect and maintain scaffolds/hoardings; keep logs and comply with the award.

9) Dismantle and reinstate promptly; make good or compensate under section 7(2).

10) Close out: settle accounts; release security when conditions are met.

11) Quick checklist for access arrangements

Works are “in pursuance of the Act” (not convenience only).

Correct statutory notice(s) served and in time.

Award includes access protocol, safety measures, and housekeeping rules.

14-day access notice issued with recipient consent for e-service where used.

Security for expenses agreed/determined and lodged (if required).

Schedule of condition completed and shared.

Insurance evidenced and kept current.

Inspection and maintenance regime in place.

Reinstatement and making-good plan agreed before dismantling.

FAQs: Party Wall Rights of Entry & Access

Do I always have a right to put a scaffold on my neighbour’s land?
No. You have a right of entry only for works in pursuance of the Act (section 8). If the scaffold is merely convenient - and the works are not notifiable under the Act - you’ll usually need a private access licence.

How much notice must I give before entering?
Serve at least 14 days’ notice of intended entry, unless there is an emergency (section 8(3)–(4)). Many awards require a longer “heads-up” for complex installations.

Can I email the 14-day access notice?
Yes, if the recipient has agreed to receive documents electronically and provided an address (section 15). Keep proof of consent and transmission.

What hours can I be on the neighbour’s land?
Section 8 limits entry to usual working hours. Your award should define these, often aligning with local construction hours.

Who pays for the scaffold and hoarding?
Generally, the building owner pays for access arrangements required to execute their notifiable works. Damage and loss are compensable under section 7(2).

Can the neighbour refuse access?
They can raise objections through the party wall procedures, but obstructing a lawful entry after the award and proper notice can amount to an offence (section 16). Most disputes are resolved via surveyors under section 10 without escalation.

What if the works expose the neighbour’s land or building?
Section 7(3) requires you to make and maintain proper hoarding, shoring, or fans to protect the property and occupiers for as long as needed. The award should set exact specifications.

When should security for expenses be used?
Where the risk or duration is material - deep excavations, long temporary roofs, complex shoring - the adjoining owner may require security under section 12, determined by surveyors if not agreed.

Conclusion: Party Wall Rights of Entry & Access

Handled well, Party Wall Rights of Entry & Access enable necessary works safely, lawfully, and with minimal friction. The Act provides the framework: the right to enter (section 8), the duty to avoid unnecessary inconvenience and protect with hoardings, shoring and fans (section 7), and the surveyors’ power to settle the time and manner of access and allocate costs (section 10). A precise, risk-led award - and disciplined site management - turn statutory rights into practical, neighbour-friendly outcomes. If your project hinges on scaffolds, hoardings or temporary roofs, invest time in the access protocol: it’s the single best way to protect programme, budget and relationships.

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