top of page

Neighbouring Land Access Orders in New South Wales: What Property Owners Need to Know

At some point, you or someone you know may need to access a neighbouring property—or its airspace—to carry out necessary work on your own land. This might involve trimming overhanging branches, operating a crane, accessing utilities, or reaching areas that are otherwise difficult to maintain.

 

In many cases, informal consent from your neighbour is all that’s required. But when access is refused, delayed, or becomes complicated due to the nature or duration of the works, a more formal approach may be necessary.

 

In New South Wales, if private negotiations fail, the court can step in and grant a neighbouring land access order or a utility access order under the Access to Neighbouring Land Act 2000 (NSW).

 

When Can an Access Order Be Sought?

 

Access orders may be obtained for a wide range of repair and maintenance activities, including:

  • construction, improvement, alteration, decoration, renewal, or demolition work (including planning and inspection);

  • locating sewers, pipes, cables and undertaking cleaning or repair work;

  • assessing or removing dangerous, diseased, dead, damaged, or unstable vegetation;

  • cutting back, treating, removing, or felling hedges, trees, or shrubs;

  • clearing or filling ditches; and

  • any work necessary for, or incidental to, the above activities.

 

These applications commonly arise on building sites, during renovations, or when essential utilities need to be accessed.

​

How Does the Court Decide?

​

A court will only grant an access order if it is satisfied that:

  • the work cannot be carried out—or would be significantly more difficult or expensive—without entering the neighbouring property;

  • granting access will not cause unreasonable hardship to the neighbour;

  • all reasonable attempts have been made to negotiate a private agreement; and

  • at least 21 days’ written notice has been given to all affected parties, setting out the proposed terms of access.

 

This notice requirement is important. Failing to comply can delay or jeopardise an application.

​

Conditions the Court May Impose

 

When approving an access order, the court has broad discretion to impose conditions that it considers reasonably necessary. These may include:

  • paying a security bond to cover potential damage;

  • installing protective materials or safety measures;

  • restricting access to certain times or days; or

  • maintaining specific insurance coverage.

 

The aim is to balance the applicant’s need for access with the neighbour’s right to minimise disruption and risk.

 

Who Pays?

 

Under the Act, the default position is that the applicant must pay the costs of an access order application.

However, the court may vary this if the circumstances justify it—most commonly where a neighbour has unreasonably refused access or acted in a way that unnecessarily prolonged the dispute.

 

Key Takeaways

  • Most access issues can be resolved with a conversation—but not always.

  • If negotiations fail, the law provides a clear pathway for obtaining access through the court.

  • Proper notice, evidence, and preparation are essential.

  • Courts can impose conditions and may vary the usual costs order depending on the parties’ conduct.

​

Written by:

Jenny Lin, Senior Associate

Jenaya Gladman, Paralegal

bottom of page