A written access license is a formal legal agreement that provides temporary access to a neighbour’s land to carry out construction works that are not repair nor maintenance related. The license usually establishes the exact boundaries of the licensed area, exclusion zones, damage minimisation procedures, suitable dispute resolution processes, indemnity clauses, and scaffolding designs. The compressed nature of project timelines usually results in parties delaying or overlooking the need to negotiate such licenses, resulting in informal or incomplete ‘oral handshake’ agreements. However, there is no standard form of access license in Australia, so it is necessary and advisable to simply document the arrangements in a detailed, written access license. The benefits of doing so include clarity of proof, facilitation of risk management, and guaranteed novation. Written access licenses thus set out the liability of each party for indirect and consequential loss, whilst including broad indemnities in favour of the licensor.
What is a Written Access License?
