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Works Orders

Works Orders allow you to work on a party structure if you have been unable to get the consent of your neighbour to go onto their land. A party structure under the Act is any building, plant or structure, which divides adjoining and separately owned buildings, or is situated at, on, between or so close to the boundary line between adjoining and separately owned buildings that it is impossible or not reasonably practical to carry out works to the structure without accessing the adjoining building or land. Works Orders regulate the position between you and your neighbour while the works are being carried out.

There are a number of activities or works which you are entitled to carry out. First, works required to comply with any statutory provision. Second, exempted developments under the Planning Acts for which do not require planning permission. Thirdly, works which are required to comply with the conditions of a planning permission. Fourthly, works required for the preservation of the party structure or any building or unbuilt-on land which it is part of and finally, any other works that will not cause substantial damage or inconvenience to your neighbour or which is reasonable to carry out despite any damage or inconvenience caused.

A Works Order may authorise you, or people authorised by you, to enter your neighbour’s building or land for any purpose connected with the works. It may require you to reimburse your neighbour for damage, costs, such as surveyor or architect report, and expenses caused by or arising from the works or likely to be caused or to arise. A Works Order may not authorise any permanent interference with, or loss of, any easement or other right relating to a party structure. You must notify your neighbour of your intention to apply for an order. Most District Judges will try to get the parties involved to agree the terms of the Works Order by consent, if possible.

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