Access to neighbouring property?
Hiya, can I ask for advice please, if you are building an extension for someone who has not served party wall notification, you then remove a section of a shared boundary wall without permission, remove fencing and the neighbours driveway gates, without permission, are you then within your rights as a builder to erect scaffolding on the neighbours property to render and dash the wall despite being told by the homeowner you cannot have access?
Advice from 6 local tradespeople
The maintenance of property act allows a scaffolding to be erected and the work completed. There are strict rules. Yet neighbour cannot refuse a party wall agreement indefinitely.
No
This question answers itself really. Do you think any of these things would be allowed even if an extension wasn't being built? Without the consent of the neighbour you are not acting within the law and are thus not offered the protection of the law. The question is vague as it doesn't really establish weather you are the builder, the client or the neighbour.
Not removing a section of a shared boundary wall fence and neighbours driveway gates never build a scaffolding on the neighbours property without permission
No — a builder cannot enter or use the neighbour’s land (including putting scaffolding on it) without their permission unless a formal Party Wall Award is in place that specifically grants access.
If the homeowner has not served a Party Wall Notice and no agreement exists, then removing fencing, touching shared walls, or placing scaffolding on the neighbour’s property is not permitted.
Doing so can be considered trespass.
In normal practice, when work affects a shared boundary, the correct route is:
1. Serve a Party Wall Notice
2. If the neighbour dissents, surveyors prepare a Party Wall Award
3. Access is only granted if the Award explicitly allows it
If the neighbour has refused access, the builder must stop and follow the proper Party Wall process before continuing.
no that will be tresspassing
