Statutory access, occupier rights, scaffolding, working hours, noise and the limits of section 8.
Yes, where working hours are part of the time and manner of carrying out statutory work that is in dispute. The award should be proportionate to the Party Wall issue and does not replace other legal controls on construction hours or noise.
Not where a valid section 8 right of entry is being properly exercised. The right is purpose-specific, usually requires at least 14 days' notice to both owner and occupier, and applies only to entry authorised by the Act. There is no general right to enter neighbouring land for any convenient construction task.
Only if there is a lawful basis. Section 8 can support access that is necessary for executing work in pursuance of the Act, but it does not create a general right to place scaffolding on a neighbour's land for unrelated work. Otherwise a licence or another legal access route may be required.
The Act does not give a surveyor a general police-assisted power to force entry. Section 8(2) permits the building owner's agents and workmen, in the specific case of closed premises and after the statutory procedure, to break open a fence or door if accompanied by a police officer. Surveyors have their own section 8(5) right of entry after proper notice.
A Schedule of Condition is not expressly required by the Act. It is commonly used as evidence of pre-work condition. If an appointed surveyor needs access for the statutory purpose for which they were appointed, section 8(5) may provide a right of entry after the required notice, but that is different from saying every requested schedule is mandatory.
Not under section 8 merely because construction is taking place next door. The section 8 right is tied to work in pursuance of the Act or to a surveyor carrying out the statutory object of their appointment. Other access rights or a negotiated licence may exist outside the Act.
Yes, in specific respects. The Act distinguishes adjoining owners from adjoining occupiers and gives occupiers protections including against unnecessary inconvenience, compensation for qualifying loss or damage and notice of statutory entry; an occupier does not automatically have every procedural right given to an owner.
The Act requires statutory rights to be exercised without unnecessary inconvenience, and an award can regulate the time and manner of work within the surveyors' jurisdiction. Excessive construction noise may also engage planning conditions, environmental-health powers or nuisance law outside the Party Wall Act.