Gaining access for both routine and emergency property maintenance can present complicated challenges. In the New Forest, these challenges are further heightened by the unique nature of local properties – from Grade II listed townhouses overlooking Lymington Marina to characterful period cottages in Brockenhurst.
Centuries-old buildings, manicured landscaping, and conservation restrictions can make even routine repair work difficult. When you need to step onto or gain access through a neighbour’s land – particularly for scaffolding – issues can arise quickly.
Many homeowners are surprised to learn that a neighbour can initially refuse access, even for emergency repair works. Thankfully, the English legal system recognises that properties cannot be properly preserved without cooperation and provides a solution through the Access to Neighbouring Land Act 1992 (ANLA). ANLA gives homeowners a formal right to seek access where it is genuinely required for maintenance, repair, or preservation.
Whether urgent roof repairs are needed, an extension is being considered, or external redecoration requiring scaffolding has been quoted for, understanding the legal framework is essential.
Our litigation and dispute resolution solicitors have prepared this article explaining when a neighbour can refuse access, what a property owner’s rights are under ANLA, and the practical steps to take if discussions become difficult.
Can a neighbour refuse access for scaffolding?
Yes, a neighbour can refuse access to their land, including for the erection of scaffolding. However, where scaffolding is genuinely required to carry out essential maintenance or repair work, the law may still allow you to obtain access legally.
Under the Access to Neighbouring Land Act 1992, a court can grant temporary access where the works are required to preserve the property, cannot reasonably be carried out without entering the neighbour’s land, and where the request is temporary and proportionate. A neighbour’s objection will not automatically prevent this.
The courts have confirmed this approach in practice. In Prime London Holdings 11 Ltd v Thurloe Lodge Ltd [2022], the claimant required scaffolding on a neighbouring property to re-render and repaint an external wall. When the neighbour refused, the High Court assessed whether the works were genuinely necessary and whether they could be completed safely from within the claimant’s own boundary. Satisfied that re-rendering was essential to preserve the structure and that access was unavoidable, the court granted an access order allowing the works to proceed.
A neighbour may successfully resist an application where the proposed works are improvements or upgrades rather than essential maintenance, or where access would cause significant disruption, damage, or risk to their property.
Can I charge for scaffolding on my property?
Some homeowners consider imposing a fee for allowing a neighbour to place scaffolding on their land. Whether this is permitted depends on how access has been obtained.
If access is granted by agreement between neighbours (usually in the form of a licence), the homeowner is free to negotiate conditions. These may reflect inconvenience, restrictions on the use of their own property during working hours, or measures required to protect landscaping or privacy.
This approach is often relevant in the New Forest, where gardens and mature shrubbery – sometimes subject to protective covenants – form a significant part of a property’s privacy or value.
However, if access is secured through a court-ordered right under section 1 of ANLA, the neighbour cannot charge a fee simply for allowing scaffolding to be erected. Instead, the law requires the party carrying out the works to compensate the neighbour only for actual loss or damage caused by the access, such as repairs to lawns, broken fences, or other measurable impacts.
For homeowners, early collaborative negotiation rather than immediate resort to legal proceedings often remains the most practical and cost-effective way to secure access. This is where the support of an experienced litigation and dispute resolution solicitor can be invaluable.
Can a neighbour refuse access for maintenance?
Yes, a neighbour can refuse access to their land. However, in many situations, the law may still allow you to obtain access legally if it is genuinely required to maintain your property.
A court is likely to grant access where the work is required to preserve the property, cannot reasonably be carried out without entering the neighbour’s land, and where the request for access is temporary and reasonable. Examples include repainting an external wall, repairing a roof or guttering, or maintaining drains or property foundations.
Crucially, ANLA applies only to maintenance, repair and other preservation-related tasks. It does not extend to improvement projects such as extensions, loft conversions or aesthetic upgrades. If the proposed works fall into the “improvement” category, a neighbour is within their rights to refuse access, and the court will not override that decision.
How to apply for access to neighbouring land
In the first instance, it is always advisable to approach your neighbour politely and request permission to access their land in order to carry out the necessary maintenance. Ideally, your neighbour will agree, allowing the work to proceed smoothly. During this time, you should respect their property by ensuring that work activities and materials do not extend beyond what is reasonably required, and that the area is kept tidy and free from unnecessary disruption wherever possible.
If your neighbour refuses access but it is genuinely needed, you may apply to the court for temporary access under ANLA. It is important to prepare clear evidence showing why the works are necessary and why they cannot be carried out from your own land. This usually includes photographs, a qualified contractor’s or professional adviser’s explanation of the required works, and a brief outline of any alternative options you have considered.
At this stage, seeking advice from a solicitor is strongly recommended. From the outset, we can assist with written communication to your neighbour before issuing any formal proceedings, setting out the legal position and attempting to negotiate a non-litigious resolution for the benefit of both parties. This step alone can often resolve the issue without involving the court and increasing project timescales.
Failing this, a solicitor can make a formal application to the County Court seeking an access order. If a court application is required, the judge has discretion to impose detailed conditions, such as specifying when access may be taken, the safety measures required, and how the land must be protected.
The courts have shown that objections based on personal preference or future intentions are unlikely to prevent an access order where essential preservation work is required. In Trident House Development Ltd v Yousaf [2025], a developer needed to enter neighbouring land to rebuild a dangerous boundary wall. The neighbour refused access, expressing concern about how the works might affect future development plans. Expert evidence established that the wall required urgent rebuilding and that the work could not be completed safely without access. The High Court granted an access order and imposed protective conditions to balance both parties’ interests.
How much does an access order to neighbouring land cost?
The cost of obtaining an access order will vary depending on several factors, including the complexity of the works required and whether the neighbour chooses to oppose the application. For straightforward, uncontested matters, costs may remain relatively modest compared with more formal contested proceedings. If you are concerned about the costs associated with obtaining access, it is wise to seek legal guidance before issuing formal proceedings.
Can I refuse my neighbour access to my property?
You are entitled to take reasonable steps to protect your privacy, the condition of your garden or driveway, and the quiet enjoyment of your property. If your neighbour makes an unreasonable request to access your property in order to carry out improvements that could reasonably be avoided, you may be within your rights to refuse access.
However, where the works are necessary to preserve the neighbour’s building and cannot reasonably be carried out without stepping onto your land, the court can grant temporary access to override refusal and impose controlled conditions of entry. If your neighbour’s works fall within the scope of the Act, it would be wise to speak to a litigation and dispute resolution solicitor to ensure that access does not exceed what is reasonably required, that appropriate safeguards are in place, and that any damage or disruption is properly managed and remedied.
What can you do if a neighbour damages your property?
If a neighbour or their contractors cause damage to your property – whether during maintenance works, the erection of scaffolding, or any form of access – you may be entitled to compensation for repair costs and associated losses. This applies whether access was agreed informally or granted under an access order, as the law requires the person carrying out the works to leave your property in no worse condition than before.
In most cases, the first step is to raise the issue promptly with the neighbour and their contractor, supported by photographs and, where necessary, repair estimates. If the matter is not resolved quickly, a solicitor can assist in pursuing a formal claim and ensuring the cost of restoring the property is properly recovered.
Damage caused during scaffolding work or access is a topic in its own right – if this is your primary concern, our team can advise on the most appropriate course of action.
How Scott Bailey LLP can help
Disputes involving access to neighbouring land can quickly become stressful, particularly where property maintenance is urgent or relationships between neighbours begin to deteriorate. Our litigation and dispute resolution solicitors regularly advise homeowners on securing access, responding to unreasonable requests, and resolving neighbour disputes in a practical and proportionate way. Whether through early negotiation, formal correspondence, or court applications where necessary, we aim to protect your property interests while achieving a clear and workable resolution.
If you require guidance on access rights or a developing neighbour dispute, our team would be pleased to assist – do get in touch today.
