Maintaining a commercial property – particularly in more densely populated urban areas, can create access issues with neighbours. There may be no practical, safe or cost-effective way to carry out works without accessing a neighbouring property or oversailing with a crane or scaffolding. It helps if you understand your legal rights and obligations in these circumstances, as well as the best way to approach neighbouring property owners to get their consent.
Unfortunately it’s common for property owners or tenants to start works that encroach on a neighbouring property without considering the implications. This can be a costly error that might delay essential work being carried out.
The Legal Position
Under UK law, ownership includes the airspace above the property up to a reasonable height. Even though there is no precise definition of airspace ownership, property owners generally have exclusive rights to the airspace immediately above their land, allowing them to use and enjoy it without interference from others.
Any intrusion into that airspace by a crane jib, scaffolding or overhanging roof could be considered a trespass. If your neighbour hasn’t consented to that access, they could obtain an injunction to stop the work or potentially pursue you for damages if the trespass results in economic harm.
Oversailing Licence
The normal and formal way to handle situations like this is to obtain an oversail licence. This is a legal document that specifies the terms under which your neighbour grants access to the airspace above their property.
Typically, this will specify the area and height of the affected airspace, duration, permitted working hours and any restrictions to the types of equipment that can be used.
Before they grant a license, your neighbour will probably expect to see evidence of relevant insurance, scaffold design, Method Statements, crane gib radius plan and will want to understand what safety measures will be in place. You may also have to offer financial consideration for any disruption or inconvenience.
These are all reasonable conditions that represent the level of thought and consideration you’d expect if yours was the property being affected.
Act Early
If you need to carry out work to your property and there’s no practical alternative to oversailing, it’s essential to inform the owner of the neighbouring property immediately. Hopefully, if you explain the need and offer a formal agreement to protect their interests and minimise inconvenience there should be no problem.
An oversail licence requires the agreement and co-operation of your neighbours. If this is not forthcoming, you may be able to purse a right of access via the Access to Neighboring Land Act 1992 (ANLA).
Consulting a commercial property specialist who can advise on possible alternative construction methods and the legal implications of oversailing is always a useful first step. It can prevent a lot of unnecessary expense and help you maintain good relations with your neighbours.
Contact Lloyd Rockall l.rockall@hicksbaker.co.uk
0118 467 1712