Access to Neighbouring Land Act 1992 explained
The Access to Neighbouring Land Act 1992 (ANLA) is an important but often overlooked piece of UK law. It gives property owners in England and Wales the ability to apply for a court order to enter a neighbour’s land if it is necessary to carry out essential repairs or maintenance on their own property. This guide breaks down exactly how the Act works, what counts as “essential works,” and the limits to neighbour access rights.
The Access to Neighbouring Land Act 1992 allows homeowners to:
- Apply to court for access if a neighbour refuses entry.
- Carry out basic preservation works such as repairing roofs, drains, pipes, gutters, or removing dangerous trees.
- Obtain permission for inspections and any incidental works needed to preserve their property.
- Compensate the neighbour for disruption or damage caused.
The Act does not cover improvements such as extensions, loft conversions, or purely aesthetic projects.
The purpose and scope of the Act
The Act was created to prevent “deadlock” where a neighbour refuses access, making essential preservation impossible.
- Section 1(1): Introduces the right to apply for access for necessary works.
- Section 1(2): Requires the court to be satisfied that the works are “reasonably necessary” for preservation and cannot otherwise be done.
- Section 1(3–4): Limits access if it causes undue hardship to the neighbour or is sought for non-essential improvements.
In short, the Act balances two rights:
- A homeowner’s right to maintain their property.
- A neighbour’s right to quiet enjoyment of their land.
What counts as “reasonably necessary” works?
The Act defines preservation broadly. Works can include:
Building structure
- Repairing or renewing walls, roofs, ceilings, staircases, or foundations.
- Repointing brickwork or making the property weatherproof.
- Securing unstable structures to prevent collapse.
External systems
- Maintenance, repair, or renewal of drains, sewers, and external pipes.
- Fixing or replacing cables and essential service connections.
Vegetation and natural growth
- Felling or cutting back dangerous or diseased trees.
- Removing or replacing insecurely rooted hedges, shrubs, or plants.
Land maintenance
- Filling in or clearing ditches.
- Boundary preservation where erosion or damage risks property safety.
Inspections
- Access can also be granted simply to inspect the property to assess damage or plan necessary repairs.
Special cases: listed buildings
For listed properties, access may be granted to preserve the building in its current form — but not to upgrade or alter it beyond preservation.
What doesn’t the Act cover?
The Act does not apply to:
- Extensions or new construction.
- Loft conversions or conservatories.
- Aesthetic improvements such as cladding or cosmetic landscaping.
- Convenience works where alternative access exists, even if less convenient.
If your project falls under improvements, your neighbour can legally refuse access.
How the process works
- Ask your neighbour first – Always start with a polite request. Offer written reassurance and confirm you’ll make good any damage.
- Apply to court – If refused, you can apply for an Access Order.
- Court assessment – The judge weighs:
- Necessity of the works.
- Whether they can reasonably be done without access.
- The level of disruption or hardship to the neighbour.
- Access Order issued – If approved, the order sets clear conditions, including:
- Timing and duration of access.
- Specific works allowed.
- Repair obligations.
- Possible compensation to the neighbour.
Costs and timescales
Court action is a last resort because it can be expensive and slow:
- Legal fees: £1,000–£5,000 depending on complexity.
- Court fees: £250–£500.
- Surveyor fees: £500–£1,500.
- Compensation: varies case by case.
Most homeowners should budget £5,000–£7,000. Orders usually take 1–3 months to obtain. Negotiating with your neighbour is almost always cheaper and faster.
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Emergencies
The Act isn’t designed for emergencies, but common law may justify temporary access without consent if immediate action is required to prevent danger (for example, scaffolding to stop a chimney collapse). Any action must be proportionate and rectified quickly, with the neighbour informed.
Prescriptive rights
In rare cases, long-term access can become a legal right. If a path or access has been used openly and without objection for 20+ years, a prescriptive easement may override a neighbour’s refusal. This is uncommon but worth exploring with a solicitor if relevant.
Example scenarios
- Roof repair: Scaffolding is needed to fix leaks. Neighbour refuses, so an Access Order is granted as the work is essential.
- Loft conversion: Scaffolding is required for a new dormer. Neighbour refuses, and the court upholds the refusal as it is not preservation.
- Drain collapse: Shared drains under a neighbour’s garden fail. The court allows excavation, with a requirement to re-turf the garden afterwards.
- Emergency tree removal: A diseased tree risks falling. Urgent access is taken, later justified to the neighbour as necessary to prevent danger.
Summary table: Access to Neighbouring Land Act 1992
Recap: Access to Neighbouring Land Act 1992
- Provides a route to access neighbour’s land for essential preservation and maintenance.
- Works include building repairs, drains, pipes, vegetation, and inspections.
- Not for extensions, lofts, or cosmetic changes.
- Applications are costly and slow — negotiation is better where possible.
- Courts balance the need for works against neighbour disruption and may order compensation.
Moving forward without disputes
Neighbour access disputes can delay renovations or even stall property sales. At Habello, we help homeowners avoid delays and stress:
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- Final cash offer within 48–72 hours.
- Flexible sale timeline to suit your schedule.
- No legal fees when using our partner solicitor.
- A guaranteed, fast sale without neighbour complications.
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