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Remus2004
Remus2004, Barrister
Category: Property Law
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Experience:  Over 5 years in practice.
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Is a Party Wall Award required to gain access across the parapet

Customer Question

Is a Party Wall Award required to gain access across the parapet of the roof of a neighbour's building, in order to gain access for repair to our leaking roof?
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Do you just require access for repairs?
Customer: replied 2 years ago.

Yes, just for repair. The neighbour requires a surveyor to draw up a Party Wall Agreement, who, in turn says an Award has to be served for the works, also an Award for a Scaffold Licence

Expert:  Remus2004 replied 2 years ago.
Is this just for access or is the work on the party wall?
Is scaffolding needed?
Customer: replied 2 years ago.

Just for access. The work is to repair a leaking roof Yes scaffolding is needed.

Expert:  Remus2004 replied 2 years ago.
If you look at page 2 of this explanatory booklet
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/207310/Party_Wall_etc._Act_1996_-_Explanatory_Booklet.pdf
you will see that you need an agreement if you tend to carry out building works which involve the boundary or building a freestanding wall or astride the boundary.
If you want to work on an existing wall all you want to excavate near a neighbouring building.
You are not building up to or astride the wall although they may argue that scaffolding is building. I think that is being a little creative with the interpretation of the Act.
I cannot see for one moment why you need a party wall agreement and in any event you are allowed access (but not necessarily scaffolding) under the provisions of the Access to Neighbouring Land Act for any work required to preserve/maintain your property. If you could do this without scaffolding, and the noble refuses, you can make an application to court under the Access to Neighbouring Land Act and ask the court to award costs against the neighbour.
Whilst you need the neighbour's consent to erect the scaffolding, there is no absolute need for a Party Wall Agreement (award).
My suggestion would be to ask the surveyor on what basis he wants the party wall agreement bearing in mind there is no work being done to the party wall.
Can I clarify anything for you?
Jo
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69996
Experience: Over 5 years in practice.
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Customer: replied 2 years ago.

Thank you very much. I have already indicated my satisfaction with your good service.

Expert:  Remus2004 replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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