It is also used to gain entry in an emergency, at any time. For example where a risk to life, or risk of damage to a building structure, or its fixtures and fittings, has developed as a result of the works, or if the Local Authority has declared a structure to be in a dangerous condition and requires the owner to make it safe.
It must be served at least 14 days before access is needed, and the Owner(s) of the adjoining property, and any Occupier(s), must be notified.
This notice period can be reduced to the minimum practicable, if there is an emergency needing urgent access.
On the day, if the premises are closed, or access is denied, then the Owner, the agent and workmen, and Surveyor(s) named in the Notice, may break open any fences or doors to enter the property - provided that a policeman is in attendance.
For the avoidance of doubt at the time the Notice is served, the activities that require non-urgent access should be noted in the Award. If the activities aren't identified, or are not authorised under the Act, the validity of the Notice can be disputed, and the dispute would have to be resolved by Surveyor(s). Since the Owner has to avoid unnecessary inconvenience to adjoining Owners and Occupiers, the date(s) of entry should be agreed before the Notice is served.
If the Notice has been correctly served there is no mechanism to arrange an alternative date, or to deny access. If access is denied then the Owner may be fined up to £1,000, on summary conviction.
An Entry Notice has no content specified in the Act, but following the general notice principles in the Act, it is likely that it must include:-
- (a) the name and address of the Notifying Owner;
- (b) the names and addresses of all persons needing access;
- this will include workmen, any agent of the Owner, and the Party Wall Surveyor(s);
- (c) the nature and particulars of the activity, or activities, needing access;
- including an estimate of the time required for completion;
- drawings may be used if describing text is not clear enough;
- (d) the date on which the proposed entry will take place.
The Notice should include:-
- (i) the name and address of the Notified Owner;
- (ii) the date of the Notice
- (iii) the Notifying Owner's signature