Section 8 – Rights of entry

Party Wall etc. Act 1996

(1) A building owner, his servants, agents and workmen may during usual working hours enter and remain on any land or premises for the purpose of executing any work in pursuance of this Act and may remove any furniture or fittings or take any other action necessary for that purpose.

(2) If the premises are closed, the building owner, his agents and workmen may, if accompanied by a constable or other police officer, break open any fences or doors in order to enter the premises.

(3) No land or premises may be entered by any person under subsection (1) unless the building owner serves on the owner and the occupier of the land or premises—

(a) in case of emergency, such notice of the intention to enter as may be reasonably practicable;

(b) in any other case, such notice of the intention to enter as complies with subsection (4).

(4) Notice complies with this subsection if it is served in a period of not less than fourteen days ending with the day of the proposed entry.

(5) A surveyor appointed or selected under section 10 may during usual working hours enter and remain on any land or premises for the purpose of carrying out the object for which he is appointed or selected.

(6) No land or premises may be entered by a surveyor under subsection (5) unless the building owner who is a party to the dispute concerned serves on the owner and the occupier of the land or premises—

(a) in case of emergency, such notice of the intention to enter as may be reasonably practicable;

(b) in any other case, such notice of the intention to enter as complies with subsection.