Scaffold, Access and Over-sailing Licences

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Building with scaffolding

For some work you may need access on or over adjoining land. You might have rights for access depending on the work and how the Party Wall etc. Act 1996 applies; ask us for party wall advice. If the right of access is not granted by the party wall act, it usually has to be negotiated separately. We can advise on this and provide the services required.

Access Licence

Access onto the neighbours land might be required for all kinds of temporary reasons e.g. for an excavator to access part of your site. An access licence could be negotiated with the neighbour and a written agreed licence produced by us. This would detail the start and finish dates, extent of access, the ground rent and general rules for the access activity. It would include a schedule of condition as a record of the neighbour’s land before access starts. You would be liable for loss or damage to the neighbour’s property. Insurances would be required. The negotiated weekly or monthly ground rent would be payable to the neighbour, usually with cost penalties for overrunning the agreed time.

Scaffold Licence

Scaffolding might need to be placed on or over the neighbours land for a time. In the same way as an Access Licence, a Scaffold Licence could be negotiated with the neighbour and a written agreed licence produced by us. This would detail the start and finish dates, extent of scaffold, the ground rent and general rules for the access activity. It would include a schedule of condition as a record of the neighbour’s land before access starts. You would be liable for loss or damage to the neighbour’s property. Insurances would be required. The negotiated weekly or monthly ground rent would be payable to the neighbour, usually with cost penalties for overrunning the agreed time.

Over-sailing or ‘Crane’ Licence

A landowner owns their property “from the centre of the earth to the heavens”. Where crane jibs or booms have to swing over the neighbours land, an Over-sailing or ‘Crane’ Licence could be negotiated with the neighbour and a written agreed licence produced by us. This would detail the start and finish dates, extent of airspace used, the airspace rent and general rules for the crane activity. It would include a schedule of condition as a record of the neighbour’s land before access starts. You would be liable for loss or damage to the neighbour’s property. Insurances would be required. The negotiated weekly or monthly ground rent would be payable to the neighbour, usually with cost penalties for overrunning the agreed time.

Access to Neighbouring Land Act 1992

If you are attempting to gain access for maintenance of an existing feature and you are refused permission, the Access to Neighbouring Land Act 1992 can be used to ask a court to grant an access order. This law can’t be used for new works such as building an extension.

An access order would detail the work to be done, the dates and times of access and any other arrangements. This is a costly exercise usually requiring use of solicitors. it is not always successful as the court may decide there are good reasons why you can’t have access. You would normally be liable for loss or damage depending on the courts order. If undertaking this route, you may need a schedule of condition made by us to go with the order so that the state of the neighbouring land is recorded before access starts.

You should always take legal advice before applying for a court order as we are not legal advisers.

We can be consulted for initial advice and appointed to work on a licence for one party or jointly.

Contact us for help.