The short answer
A building owner raising studwork against a party parapet wall for an additional floor may have rights under the Act, but access to the neighbour’s roof under section 8 is only available where it is necessary for work authorised by the Act, not as a general convenience. The adjoining owner cannot use the party wall process simply to object to a lawful design.
Why it matters
Section 8 gives access where it is necessary for works in pursuance of the Act — for example, cutting into the wall, raising it or making proper weathering — but it is less likely to justify access for work entirely outside the Act. An adjoining owner cannot block the building owner’s design merely because it might make their own future works less convenient; their objection must relate to matters the surveyors can properly determine. The adjoining owner keeps their own rights: if they later carry out work using or altering the party wall, they can serve the appropriate notice. Design choices driven by planning or permitted development limits are usually outside the surveyors’ jurisdiction unless they affect the exercise of rights under the Act or cause unnecessary inconvenience.
What to do now
- As a building owner, use roof access only where it is necessary for Act-authorised work, and have it regulated by the award.
- As an adjoining owner, focus objections on matters the surveyors can determine, not on the design itself.
- Remember you retain your own rights to deal with the party wall when you carry out future works.
Common mistakes
- Treating section 8 as a general licence to use the neighbour’s roof for convenience.
- Objecting to a lawful design simply because it affects future plans.
- Expecting surveyors to rule on planning or permitted development matters.
When to call Coburns
If an additional floor needs roof access, or you have received such a proposal, send us the drawings and we will advise on access rights and what the award should regulate.