What to Include in an Access Licence

Accessing Neighbouring Land

When it comes to gaining access over adjoining properties for various construction needs such as scaffolding, hoarding, or crane over sail, having a well-drafted access licence is paramount. This document not only outlines the terms of access but also ensures legal compliance and protection for both parties involved. In this article, we'll delve into the essential components of a typical access licence, along with specific clauses for different purposes.

Duration and Access Times

The duration of access is a crucial aspect that needs clear definition. Typically, access is granted for a fixed period, often measured in weeks. Access times should align with local regulations, but adjustments can be made by mutual agreement between the parties involved.

Consideration and Penalties

If any form of consideration has been agreed upon, it should be explicitly stated in the licence. Moreover, penalties for extending access beyond the agreed duration should be outlined to avoid disputes later on.

Indemnities and Compliance

The building owner is usually required to indemnify the adjoining owner against any injury, loss of life, or property damage arising from the construction activities. Compliance with all statutory requirements is also a fundamental clause to ensure legal adherence.

Protection and Damage Control

Provisions for protecting neighbouring premises, maintaining access to/from them if necessary, and safeguarding surfaces from damage should be included. Additionally, obligations to rectify any damage within a reasonable time frame must be clearly defined.

Breaches and Possession

The procedures to be followed in case of a breach of licence terms should be outlined to address any violations effectively. Moreover, the issue of exclusive possession needs clarification to avoid misunderstandings.

Professional Fees and Assignment

The building owner may need to cover the reasonable legal and professional fees of the adjoining owner, irrespective of whether the licence is ultimately agreed upon. Clauses regarding assignment of interest during the licence term should also be included if applicable.

Governing Law and Jurisdiction

The governing law and jurisdiction, usually England and Wales, should be specified to establish the legal framework for resolving any disputes.

Additional Clauses for Scaffolding Access

In the case of scaffolding access, the following additional clauses are necessary:

• Scope Definition: a detailed plan and section defining the scope of the scaffolding.
• Compliance: ensuring that the scaffold is erected and maintained by trained and licensed personnel in accordance with BS12811 standards.
• Nuisance Control: measures to mitigate dust, debris, and noise disturbance, such as encapsulating the scaffolding and fitting acoustic sheeting.
• Security: requirements for securing the scaffolding, including locking away ladders or fitting alarms.
• Health & Safety: provision for lighting and safety measures if the scaffold is over pedestrian access.
• Cleaning Down: obligation to clean gutters, drains, windows, etc., at the end of the access period.

Additional Clauses for Crane Oversail

If access is required for oversailing a crane, the following clauses are essential:

• Restrictions: limitations on oversailing times, typically during crane load transportation.
• Scope Definition: clearly defining the extent of the crane's jib and clearance over adjoining structures through plans and sections.
• Compliance: adherence to method statements, manufacturer's instructions, and equipment maintenance to ensure safe operation.

By incorporating these clauses into an access licence, both parties can ensure smooth cooperation and legal protection throughout the construction process. Whether it's scaffolding or crane oversail, having a comprehensive agreement in place is key to successful project management.