Scaffolding Licences, Crane Oversail Agreements, and the Party Wall Act
The Party Wall Act does not itself give you a right to put scaffolding on a neighbour's land or swing a crane over it. Those need a separate licence or agreement with the neighbour, or with the highway authority for public land. The two processes often run together.
What the Act covers on access
The Act allows the building owner and their workers to enter the adjoining owner's land to carry out work required by the Act, after 14 days' notice except in an emergency. This is tied to work under the Act. It is not a general right to use the neighbour's land for your own convenience, and its reach for scaffolding is a question to put to your surveyor.
Scaffolding licences
If scaffolding must stand on a neighbour's land or attach to their building, agree it in writing. If it stands on a pavement or road, a licence from the highway authority is normally needed. Ask the local authority what applies, as procedures vary.
Crane oversail
A crane jib passing over neighbouring land may amount to trespass in the air space, even if nothing is lowered. Developers usually obtain a written oversail licence, often with insurance requirements and limits on loads and hours. A solicitor typically drafts it.
How it links to the award
- Surveyors can note agreed scaffolding or oversail arrangements in the award, but they cannot force a licence the Act does not provide
- Access dates, hours and insurance can be recorded in one document
- Refusal of a licence does not stop the party wall process, though it may stop the method of working
Cost and time
Neighbours may ask for a fee or for their costs to be covered. Whether that is reasonable is a negotiation, and the Act does not set a figure. Start early, since licences take time. If a neighbour refuses, consider alternative methods such as a free-standing scaffold within your own land.
Never enter or overhang a neighbour's land without agreement. Take advice on the lawful route.
Frequently asked questions
Can my award force a neighbour to allow scaffolding?
Not generally. Ask your surveyor, as it depends on the work and the wording.
Is a crane over their roof trespass?
It can be. Get a written oversail licence.
Who pays the neighbour's costs?
That is negotiated, or set out in the licence. Get it in writing.
Related guides
- Rights of Access Under the Party Wall etc. Act 1996
- What to Do If a Neighbour Refuses Access to a Party Wall Surveyor
- Temporary Works and Shoring Under the Party Wall Act
- Party Wall Act Requirements for Commercial Property Developments
Last updated: . This page is general information about the Party Wall etc. Act 1996 (England and Wales). It is not legal advice. Every property and dispute is different, so take advice from a party wall surveyor or a solicitor before you act.