The Access to Neighbouring Land Act 1992
When you need to step onto your neighbour's property to maintain your own — how the Act works, what it covers, and how it differs from the Party Wall Act.
Applicant
The property owner who needs access to the neighbouring land to carry out preservation works to their own property.
Respondent
The owner (and any occupier) of the land that the applicant needs to enter. Their interests are protected by the conditions the court attaches to any Order.
What is the Access to Neighbouring Land Act 1992?
The Access to Neighbouring Land Act 1992 ("ANLA 1992") is a separate piece of legislation from the Party Wall Act. It applies in England and Wales and gives a property owner the right to apply to the county court for an "Access Order" allowing them to enter a neighbour's land in order to carry out works to their own property.
It exists because there are many situations where a homeowner genuinely cannot maintain their own property without stepping onto the land next door — for example, to repaint a flank wall built right on the boundary, clear a blocked gutter, or replace a failing drainage pipe. Without the Act, a neighbour could simply refuse, and the property would fall into disrepair.
When does it apply?
An Access Order can only be granted for "basic preservation works" — works that are reasonably necessary for the preservation of the applicant's property and which cannot be carried out, or would be substantially more difficult to carry out, without entering the neighbouring land.
Basic preservation works typically include:
• Maintenance, repair or renewal of any part of a building or structure • Clearance, repair or renewal of drains, sewers, pipes or cables • Treatment, cutting back, felling, removal or replacement of hedges, trees, shrubs or other plants which are dead, diseased, insecurely rooted or likely to become so • Filling in or clearance of a ditch
The works must be for preservation — keeping the property in its existing condition — rather than improvement or new construction.
What the Act does NOT cover
The Act is deliberately narrow. It does not give you a right of access for:
• Building a new extension, outbuilding or wall • Loft conversions or internal alterations that do not require access next door • Improvement works that go beyond preservation • Any works already covered by a right of access under the Party Wall etc. Act 1996
If your works fall within the scope of the Party Wall Act, you should use the access rights granted by Section 8 of that Act instead. Applying for an Access Order in those circumstances would normally be refused by the court as unnecessary.
How to obtain access
The first step is always to ask. Most Access Orders are avoided entirely because neighbours agree in writing, often with simple conditions around timing, insurance and making good any damage.
If consent is refused or cannot be obtained, the property owner can apply to the county court for an Access Order. The court will grant the Order unless it is satisfied that the neighbour (or any occupier) would suffer interference with, or disturbance of, their use or enjoyment of the land to an unreasonable degree, or hardship that would make it unreasonable to grant access.
Applications are made using Form N244 with supporting evidence. Contested applications can be time-consuming and costly, which is why a negotiated agreement is almost always the better outcome.
What an Access Order contains
An Access Order is tailored to the specific works. It will typically specify:
• The works that are permitted and who may carry them out • The part of the neighbour's land that may be entered and how it may be used • The date access begins and the period it is allowed for • Conditions to protect the neighbour — for example, insurance, hours of work, protection of property, and making good any damage • Any compensation payable for loss, damage or injury caused by the works • Any "consideration" payment for the privilege of access (this does not apply where the applicant's land is residential)
An Access Order is registrable as a land charge and binds successors in title for its duration.
Relationship with the Party Wall Act
The two Acts do different jobs. Section 8 of the Party Wall etc. Act 1996 gives a Building Owner an automatic right of access to an Adjoining Owner's land to carry out works covered by a valid notice or Award — no court application is needed. The Access to Neighbouring Land Act 1992 only fills the gap where the Party Wall Act does not apply.
In practice, most extension, loft and excavation projects will rely on Party Wall Act rights. The Access to Neighbouring Land Act tends to come into play for routine maintenance of existing buildings — particularly older terraced and semi-detached properties built tight to the boundary.
Not sure which Act applies to your project?
If your works involve a shared wall, a boundary wall, or excavation near a neighbouring building, the Party Wall etc. Act 1996 is almost certainly the right route — and it comes with its own automatic rights of access. Read our plain-English guide or request a free quote and one of our RICS-qualified surveyors will confirm which regime fits your works.