Under the Access to Neighbouring Land Act 1992, which applies in England and Wales, a court can make an access order allowing a person to enter neighbouring land to carry out works that are reasonably necessary for the preservation of their own land, but only if the works cannot be done, or would be substantially more difficult, without that entry.

When an access order can be sought

Section 1 of the Access to Neighbouring Land Act 1992, which the legislation marks as applying in England and Wales, allows a person who wants to enter adjoining or adjacent land in order to carry out works to their own land, and who needs but does not have the consent of another person to do so, to apply to the court for an access order. Scotland and Northern Ireland are not covered by this Act. The starting point is that consent has been sought and refused; the Act is a last resort where the neighbour will not agree.

The two-part test and the limits

The court must make an access order if, and only if, it is satisfied that the works are reasonably necessary for the preservation of the whole or any part of the applicant’s land, and that they cannot be carried out, or would be substantially more difficult to carry out, without entry on the neighbouring land. It must refuse an order where the neighbour or anyone else would suffer interference with the use or enjoyment of their land, or hardship, to such a degree that it would be unreasonable to make the order.

Section 1(4) lists “basic preservation works”: maintenance, repair or renewal of any part of a building or structure on the applicant’s land, clearing, repairing or renewing drains, sewers, pipes or cables, dealing with damaged or diseased hedges, trees and shrubs, and filling in or clearing ditches. Repairing or renewing part of a conservatory therefore falls within the kind of work the Act describes, while entirely new building work is not within its wording. The court may treat works as necessary for preservation even if they incidentally involve some alteration, adjustment or improvement, or the demolition of part of a structure, if it considers it fair and reasonable.

What an order must and may contain

Under section 2, an access order must specify the works that may be carried out, the particular area of the neighbouring land that may be entered and the date or period of entry. The court can impose terms and conditions reasonably necessary to avoid or reduce loss, damage, injury, inconvenience or loss of privacy, including the manner of working, the days and hours of work, who may enter and precautions to be taken. It can also require the applicant to pay compensation for loss, damage, injury or substantial loss of privacy or inconvenience, to be insured against specified risks and to arrange a record of the condition of the neighbouring land.

The court may also order the applicant to pay the neighbour a sum by way of consideration for the privilege of entry, having regard to the financial advantage to the applicant and the inconvenience to the neighbour, but the Act says no such payment shall be ordered to the extent that the works are to residential land.

Duties while the works are done

Section 3 says an order authorises the applicant and their associates to enter the specified area without the neighbour’s consent, to bring on materials, plant and equipment and to leave them there during the permitted period, and to bring on waste that has to be removed from the applicant’s land through the neighbouring land. The applicant must remove waste from the neighbouring land forthwith, so far as reasonably practicable make it good before entry ends, and indemnify the neighbour against damage that would not have occurred but for the order, subject to any variation by the court. The applicant and associates are not treated as trespassers from the outset because of their later conduct.

Who is bound, and contracting out

Section 4 makes the order binding on the neighbour’s successors in title and on those who acquire an interest from the neighbour after the order, subject to land registration rules. It also provides that any agreement that would prevent a person from applying for an access order, or restrict the right to do so, is void to that extent. This Act is separate from the Party Wall etc. Act 1996, which deals with notices for building work on or near a shared boundary and is covered in another guide on this site.

FAQs

Can I use the Act to build a new conservatory from my neighbour’s garden?

The court must be satisfied the works are reasonably necessary for the preservation of the land, which is aimed at repair and maintenance rather than new construction, although incidental improvements can be allowed if fair and reasonable.

Will I have to compensate my neighbour?

The court can impose conditions including compensation for loss, damage or substantial inconvenience, and the applicant must indemnify against damage caused by the entry.

Does the Act apply in Scotland?

The legislation marks the Act as applying in England and Wales, and readers elsewhere should take local advice.

Bottom line

The Act offers a court route into a neighbour’s land only for works reasonably necessary to preserve the applicant’s own property, only where the works cannot be done or would be much harder otherwise, and subject to conditions and duties. Asking the neighbour first and recording agreement in writing is the ordinary course. This is general information about the statute, not legal advice.

Sources

This guide draws on the following primary sources, current as of 20 September 2026:

• legislation.gov.uk, “Access to Neighbouring Land Act 1992, section 1: Access orders”
• legislation.gov.uk, “Access to Neighbouring Land Act 1992, section 2: Terms and conditions of access orders”
• legislation.gov.uk, “Access to Neighbouring Land Act 1992, section 3: Effect of access order”
• legislation.gov.uk, “Access to Neighbouring Land Act 1992, section 4: Persons bound by access order, unidentified persons and bar on contracting out”

Related guides

Compare Conservatories is an independent guide. We may earn a fee from some links; this never affects what we write. This article is general information, not legal or planning advice on any specific property — always confirm requirements directly with your local planning authority.