Overview
Davies and Sleep v Wise is a useful warning about access rights under the Party Wall etc. Act 1996, especially where line of junction works are involved.
The simple point is this: access should not be treated as automatic unless the statutory basis is clear.
What happened
The dispute arose from boundary works involving a garage demolition and rebuild. Notices were served under section 1 and an access notice was then relied on under section 8.
The issue
The key question was whether the access was truly for works being carried out in pursuance of the Act.
That question can become difficult where the works are line of junction works rather than direct works to a party structure.
Why it matters
Section 8 can provide powerful access rights, but the right depends on necessity and on the works falling within the relevant statutory framework.
Surveyors should be careful before authorising or insisting on access. The reason for access, the works requiring access, the timing and the safeguards should all be clearly explained.
Practical lesson
Where access is contentious, do not rely on broad assertions. Set out exactly why access is required and how it relates to the notifiable works.
For line of junction works in particular, owners should consider whether a practical access licence is a better route than a disputed statutory argument.