If you are planning building works close to a neighbouring property, you may discover that your proposed works require scaffolding, a crane, hoist or another structure to extend over your neighbour’s land or airspace.

In these circumstances, you may need an oversailing licence from your neighbour before the works can begin.

Oversailing can arise during a range of building projects, including:

• House extensions
• Loft conversions
• New-build developments
• Roof works
• Scaffolding
• Crane operations
• Installation of balconies
• Construction close to a boundary

An oversailing licence is a legal agreement that gives you permission to use a defined area of a neighbouring property or airspace for an agreed purpose and period.

However, an oversailing licence is not the same as planning permission or a Party Wall Agreement. Understanding the difference is important if you are planning building works close to a boundary.

At Charrette Law, we advise property owners and developers on property and planning matters, including oversailing licences, boundary disputes, Party Wall Act matters, and development-related legal issues.

What Is an Oversailing Licence?

An oversailing licence is a legal agreement that gives one party permission to use or occupy a specified part of another person’s property or airspace.

One of the most common examples is scaffolding extending over a neighbouring property during construction.

For example, suppose you own a terraced property and are carrying out a rear extension. Your contractor needs to erect scaffolding along the boundary, but part of the scaffolding will extend over your neighbour’s garden.

Even if the scaffolding does not physically touch your neighbour’s building, it may occupy their airspace.

You may therefore need their permission before the scaffolding is erected.

An oversailing licence sets out the terms under which the use of that space is permitted, helping both property owners understand their respective rights and responsibilities.

What Does Oversailing Mean?

Oversailing generally occurs when a structure, object,t or part of a building extends over land or airspace belonging to another property owner.

Oversailing can be temporary or permanent, and the legal considerations can differ significantly depending on the circumstances.

Temporary Oversailing

Temporary oversailing commonly occurs during construction.

Examples include:

• Scaffolding
• Cranes
• Hoists
• Cherry pickers
• Temporary platforms
• Construction equipment

A temporary oversailing licence can give a developer or contractor permission to use the neighbouring airspace for an agreed period.

The licence should clearly establish what is permitted and how long the arrangement will last.

Permanent Oversailing

Permanent oversailing can occur where part of a completed building extends beyond the legal boundary.

Examples include:

• Balconies projecting over neighbouring land
• Upper floors extending beyond a boundary
• Eaves projecting over a neighbouring property
• Gutters crossing a boundary
• Other permanent structures extending into neighbouring airspace

Permanent oversailing can raise more complex property law issues and should be dealt with before construction takes place wherever possible.

Do I Need an Oversailing Licence?

You may need an oversailing licence if your proposed works will extend into or occupy your neighbour’s land or airspace.

This is particularly relevant where:

• Scaffolding will extend over a neighbour’s garden or property.
• A crane will operate over neighbouring land.
• Construction equipment will occupy neighbouring airspace.
• A balcony or other permanent structure will project over the boundary.
• Proposed building works extend beyond your legal boundary.

Whether a licence is required will depend on the specific circumstances and the property rights involved.

You should not assume that your contractor can simply use a neighbour’s airspace because the works have received planning permission.

Planning Building Works Near a Boundary?

If your project requires scaffolding, cranes, hoists, or other equipment to extend over your neighbour’s property or airspace, it is important to establish your legal position before work begins.

At Charrette Law, we advise homeowners, developers, and property owners on oversailing licences, boundary issues, property rights, and related Party Wall Act matters.

We can help you understand your rights and obligations and advise on the appropriate legal arrangements for your project.

Contact Charrette Law to discuss your building project before construction begins.

Does Planning Permission Allow Oversailing?

No.

Planning permission and private property rights are separate matters.

Planning permission determines whether a proposed development is acceptable in planning terms. It does not generally give you the right to:

• Enter your neighbour’s land
• Erect scaffolding on their property
• Use their airspace
• Attach equipment to their building
• Build beyond your legal boundary

This distinction is particularly important for developers and homeowners.

You may have planning permission for an extension but still need your neighbour’s consent before carrying out aspects of the works that affect their property rights.

Obtaining planning permission is therefore not a substitute for resolving private property rights.

Is an Oversailing Licence the Same as a Party Wall Agreement?

No.

An oversailing licence and a Party Wall Agreement deal with different legal issues.

The Party Wall etc. Act 1996 can apply to certain building works affecting party walls, boundary structures,s and neighbouring buildings. Depending on the proposed works, you may therefore need to serve a Party Wall Notice and enter into a Party Wall Agreement or receive a Party Wall Award.

An oversailing licence, on the other hand, deals with the private property rights associated with using or occupying a neighbour’s land or airspace.

A single building project may require both.

For example, a homeowner carrying out a substantial extension could potentially need:

• Planning permission or permitted development rights
• Building Regulations approval
• Party Wall Act procedures
• An oversailing licence
• Access arrangements

These are separate matters and should not be treated as interchangeable.

If you are unsure which requirements apply to your project, obtaining advice at an early stage can help prevent delays once construction begins.

Do I Need an Oversailing Licence for Scaffolding?

You may do.

This is one of the most common situations in which an oversailing licence is required.

Suppose your builder needs to erect scaffolding alongside your property, but part of the scaffold will extend over your neighbour’s garden.

Your neighbour’s property rights may prevent you from using that airspace without their permission.

An oversailing licence can provide permission for the scaffolding to occupy the relevant space for the duration of the works.

The licence can set out:

• Where the scaffolding can be positioned
• How long can it remain
• Access arrangements
• Safety requirements
• Insurance
• Responsibility for damage
• Compensation or licence fees
• Removal arrangements

Having these matters clearly documented can help reduce uncertainty and the risk of disputes during construction.

What Is a Scaffold Oversailing Licence?

A scaffold oversailing licence is an agreement dealing specifically with scaffolding that extends over or occupies a neighbouring property or airspace.

The agreement should clearly identify the area being used and the period for which permission is granted.

It may also deal with:

• Installation
• Inspection
• Maintenance
• Health and safety
• Access
• Protection of the neighbour’s property
• Damage
• Insurance
• Removal of the scaffolding

This is particularly important where scaffolding will remain in place for an extended period or where the neighbouring property is occupied or used regularly.

Can My Neighbour Refuse an Oversailing Licence?

You should not assume that your neighbour is legally required to grant an oversailing licence simply because you have planning permission.

If your works require the use of their land or airspace, their private property rights may need to be respected.

Your neighbour may:

• Agree to the licence
• Negotiate its terms
• Request a licence fee
• Request additional insurance
• Impose reasonable conditions
• Refuse the proposed arrangement

The legal position will depend on the particular circumstances and any existing rights affecting the properties.

It is therefore usually better to discuss the proposed arrangements before your contractor arrives on site.

What If My Neighbour Refuses an Oversailing Licence?

A refusal can create a practical problem, particularly if scaffolding or construction equipment cannot safely be positioned without oversailing.

You should first establish whether the proposed works genuinely require the use of your neighbour’s land or airspace.

You can then consider alternatives, such as:

• Redesigning the scaffolding
• Using different construction equipment
• Changing the construction method
• Reducing the area of oversailing
• Negotiating a shorter licence period
• Agreeing alternative access arrangements

If an agreement cannot be reached, obtain specialist legal advice before proceeding.

Attempting to resolve the issue without understanding the relevant property rights could expose you to unnecessary legal and financial risks.

Can I Force My Neighbour to Grant an Oversailing Licence?

You should not assume that you have an automatic right to force your neighbour to grant an oversailing licence.

There may be specific statutory rights or other legal mechanisms relevant to access for building works, depending on the circumstances. However, these should not be confused with a general right to oversail a neighbour’s property.

A solicitor can examine:

• Your property’s title
• Your neighbour’s title
• The legal boundary
• Existing easements
• Rights of access
• The proposed building works
• Any relevant statutory provisions

They can then advise you on the options available.

This is particularly important if redesigning the works would be expensive or could significantly affect the viability of your project.

How Much Does an Oversailing Licence Cost?

There is no fixed cost for an oversailing licence.

The cost can depend on:

• The length of the licence
• The area being oversailed
• The nature of the building works
• The location and value of the properties
• The level of risk
• Whether scaffolding or heavy equipment is involved
• The legal work required
• Any compensation or licence fee agreed with the neighbouring owner

The neighbour may request a licence fee or compensation in return for granting permission.

Legal fees for drafting or reviewing the licence will generally be separate.

Who Pays for an Oversailing Licence?

Usually, the party seeking permission to oversail the neighbouring property will be expected to cover the associated costs.

This could include:

• The licence fee
• The neighbour’s reasonable legal costs, if agreed
• Your own solicitor’s fees
• Administrative costs
• Surveyor’s fees, where appropriate

The financial arrangements should be agreed upon before the licence is completed so that both parties understand what they will be responsible for.

What Should an Oversailing Licence Include?

A properly drafted licence should clearly establish the rights and responsibilities of both parties.

Depending on the circumstances, it may include the following.

1. The Parties

The agreement should identify the property owner granting permission and the person or company receiving it.

2. The Properties

The properties affected should be clearly identified.

3. The Area of Oversailing

The licence should specify exactly which part of the neighbouring property or airspace is affected.

A plan or drawing may be attached to the agreement to make the permitted area clear.

4. The Duration

The licence should state how long the oversailing is permitted.

For example, it may allow scaffolding to remain in place for the duration of the building works, subject to a specified maximum period.

5. The Purpose

The agreement should explain precisely what the oversailing is permitted for, such as:

• Scaffolding
• Crane operations
• Construction access
• Temporary protection

6. Insurance

Insurance provisions are particularly important for construction-related oversailing.

The agreement may require the developer or contractor to maintain appropriate insurance cover.

7. Damage

The licence should explain who is responsible for repairing any damage caused to the neighbouring property.

8. Indemnity

The neighbouring owner may require an indemnity protecting them against certain claims, losses, or liabilities arising from the works.

9. Access

If workers need to enter the neighbouring property, the licence should explain:

• When access is permitted
• How much notice is required
• Who can access the property
• Which areas can be accessed

10. Removal

The agreement should state when and how scaffolding or other equipment must be removed.

These provisions can help avoid uncertainty and make it easier to deal with issues that arise during the construction period.

Does an Oversailing Licence Give Permanent Rights?

Not necessarily.

Most construction-related oversailing licences are temporary. The licence should clearly state the period for which permission is granted.

If a permanent structure will extend over a neighbouring property, a different legal arrangement may be required.

Depending on the circumstances, the parties may need to consider:

• An easement
• A transfer
• A lease
• A boundary agreement
• Another form of property right

A property solicitor can advise on the appropriate arrangement based on the proposed structure and the legal position of the properties.

What If My Building Already Oversails My Neighbour’s Property?

This can be more complicated.

If part of your building already extends over your neighbour’s land or airspace, you should not assume that the arrangement is lawful simply because it has existed for many years.

The legal position may depend on:

• How the structure was constructed
• When it was constructed
• The title documents
• Historic agreements
• The precise position of the boundary
• Existing easements
• Rights acquired over time
• Whether the oversailing was authorised

If you are buying or selling a property affected by oversailing, the issue should be investigated as part of the conveyancing process.

Oversailing and Property Sales

Oversailing can become particularly important when selling a property.

A buyer’s solicitor may raise enquiries about:

• Encroachment
• Boundary issues
• Airspace rights
• Existing licences
• Easements
• Structural projections

If the title position is unclear, this could delay a transaction.

If you know that part of your property oversails neighbouring land, it may be sensible to investigate and, where appropriate, resolve the issue before putting the property on the market.

Can an Oversailing Licence Affect Property Value?

Potentially.

An unresolved boundary or oversailing issue can create uncertainty for buyers and mortgage lenders.

A buyer may want to establish:

• Whether the structure is legally authorised
• Whether the neighbour has consented
• Whether there is a written licence
• Whether the arrangement is temporary or permanent
• Whether ongoing payments are required
• Whether the rights transfer with the property

Resolving the legal position can make a property easier to sell and reduce the risk of future disputes.

Oversailing Licence vs Right of Access

An oversailing licence should not be confused with a right of access.

A right of access concerns entering or passing over another person’s property.

An oversailing licence concerns permission to occupy or use a defined area of neighbouring property or airspace.

A construction project could potentially require both.

For example, scaffolding might need to:

• Stand partly on the neighbour’s land
• Extend over the neighbour’s airspace
• Allow workers to enter the neighbour’s property

Each issue should be considered separately, and appropriate rights should be established before work begins.

What Happens If You Oversail Without Permission?

Proceeding without the necessary permission can expose you to potential legal action.

Depending on the circumstances, this could involve:

• Trespass
• Claims for damage
• An injunction
• Compensation
• Disputes over removal
• Construction delays

The precise consequences will depend on the nature of the oversailing and the property rights involved.

It is therefore generally preferable to resolve the issue before construction begins rather than waiting until scaffolding or other equipment has already been installed.

How Can a Solicitor Help With an Oversailing Licence?

A property solicitor can help you establish:

• Whether an oversailing licence is required
• Who owns the affected land or airspace
• What rights already exist
• Whether an easement applies
• Whether the proposed works create an encroachment
• What terms should be included
• Whether compensation is appropriate
• How to negotiate with the neighbouring owner
• What options are available if an agreement cannot be reached

A solicitor can also draft or review the licence and advise you on the legal consequences before it is signed.

This can be particularly valuable where the proposed oversailing forms part of a larger development involving planning permission, Party Wall Act procedures, access rights,s or boundary issues.

Need an Oversailing Licence for Your Building Project?

If your proposed building works require scaffolding, cranes, or another structure to extend over a neighbour’s property, it is important to resolve the legal position before work begins.

Planning permission does not automatically give you the right to use your neighbour’s land or airspace.

An appropriately drafted oversailing licence can provide clarity about the permitted use, duration, insurance, access, damage, and responsibilities of each party.

At Charrette Law, we assist property owners and developers with oversailing licences, boundary issues, access rights, Party Wall Act matters,s and other property-related legal issues.

Whether you are planning an extension, loft conversion, new development, or other building project, we can advise you on the property rights that may need to be addressed before construction begins.

Contact Charrette Law today to discuss your oversailing requirements and obtain legal advice tailored to your project.

FAQs About Oversailing Licences

What is an oversailing licence?

An oversailing licence is a legal agreement giving permission for a structure, equipment, or part of a building to extend over or occupy a specified part of a neighbouring property or airspace.

Do I need an oversailing licence for scaffolding?

You may need one if scaffolding extends over or occupies a neighbour’s property or airspace. The precise requirements depend on the circumstances and the property rights involved.

Does planning permission allow oversailing?

No. Planning permission does not generally give you private rights to use your neighbour’s land or airspace.

Is an oversailing licence the same as a Party Wall Agreement?

No. They deal with different legal matters. A project may require both, depending on the proposed works.

Can my neighbour refuse an oversailing licence?

Generally, you should not assume that a neighbour must grant permission. The legal position depends on the particular rights and circumstances.

Can I force my neighbour to allow scaffolding?

There is no general automatic right to put scaffolding on or over a neighbour’s property. Specific legal rights or statutory mechanisms may apply in some circumstances, so legal advice should be obtained before proceeding.

How much does an oversailing licence cost?

There is no fixed cost. It can depend on the duration, nature, and extent of the oversailing, the properties involved, legal fees, and any compensation or licence fee agreed between the parties.

What happens if I oversail my neighbour’s property without permission?

You could potentially face claims relating to trespass, damage, or other property rights. In some circumstances, legal proceedings could be brought to prevent or require the removal of the offending structure or equipment.

Can an oversailing licence be permanent?

A licence can be drafted to cover different circumstances, but a permanent projection over neighbouring land may require a different property law arrangement, such as an easement or other legal right.

Should I get legal advice before signing an oversailing licence?

Yes, particularly if the licence involves a substantial building project, long-term rights, significant compensation, or a permanent structure. A solicitor can explain the rights and obligations created by the agreement and help ensure the terms properly protect your interests.