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GJA Law – Sydney’s Trusted Access for Machinery Lawyers

Access for Machinery in Sydney

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Access for Machinery is a significant legal matter that affects many individuals and families in Sydney. At GJA Law, we provide clear, practical advice and tailored services designed to protect your interests. Our approach combines local expertise, transparency in fees, and a commitment to simplifying complex legal processes.

What Is Access for Machinery?

Access for machinery refers to the legal right to temporarily use or overhang equipment—such as cranes, hoists, scaffolding, or delivery vehicles—over or across a neighbour’s property during construction. This may include:

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    • Cranes swinging over adjacent rooftops or backyards.
    • Scaffolding or hoarding encroaching on side boundaries.
    • Concrete pump booms extending over neighbouring land.
    • Temporary storage of materials on adjacent lots.

    Because such use constitutes a legal interference with another person’s property rights, it requires formal permission—whether through agreement, licence, or court order.

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    Legal Framework for Machinery Access

    In New South Wales, there is no automatic right to use a neighbour’s land for construction purposes. Key legal principles include:

    • Trespass: Any unauthorised entry or overhang (even airspace) can constitute trespass, entitling the neighbour to damages or an injunction.
    • Airspace Rights: Property ownership extends upward—meaning crane jibs passing through airspace may infringe on title.
    • Encroachment Act 1995 (NSW): Provides a limited statutory pathway to seek court authorisation for encroachments, but it applies mainly to permanent structures, not temporary machinery.
    • Common Law and Equity: Courts may grant injunctive relief to stop unauthorised access, even if no physical damage occurs.

    Critically, verbal neighbour consent is insufficient for high-risk projects. A written, legally enforceable agreement is essential for protection.

    Methods of Securing Access for Machinery

    There are three primary ways to lawfully secure machinery access in Sydney:

    1. Neighbour Agreement (Licence or Easement):
      The most common method. A written licence grants temporary permission to use airspace or land. For long-term or high-impact access, a registered easement may be preferable.
    2. Access Licence Deed:
      A formal, time-bound document that specifies the scope, duration, insurance, and compensation. Unlike easements, licences are personal and not automatically binding on future owners—but they provide strong contractual protection.
    3. Court Order (Under Limited Circumstances):
      While the Encroachment Act doesn’t typically cover temporary machinery, in rare cases parties may seek relief under equitable doctrines or nuisance law. This is costly, uncertain, and best avoided through early negotiation.

    Proactive engagement with neighbours—supported by legal documentation—is almost always the most efficient path.

    Access Agreements and Licences

    A well-drafted machinery access licence should include:

    • Precise description of the machinery and access area (e.g., “crane jib to overhang 2.5m into airspace of 12B Smith Street”).
    • Duration: Exact start and end dates, with provisions for extension if construction is delayed.
    • Insurance: Requirement for public liability insurance (typically $20 million) naming the neighbour as an interested party.
    • Indemnity: Developer agrees to cover damage, injury, or loss caused by machinery operations.
    • Compensation: Often a nominal fee or goodwill payment to the neighbour.
    • Notice and Coordination: Protocols for working hours, noise, and access scheduling.

    At GJA Law, we tailor these agreements to the project’s scale—whether it’s a small backyard renovation or a 20-storey tower—ensuring clarity and enforceability.

    Machinery Access in Property Development Projects

    In high-density Sydney developments, machinery access is often non-negotiable:

    • Rear-lot townhouses may require cranes to operate over front-lot neighbours.
    • Tight CBD sites depend on crane swing over adjacent commercial buildings.
    • Staged developments need repeated access across shared easements or access ways.

    Developers should address machinery access during feasibility and design stages, not during construction. Early identification allows:

    • Inclusion of access costs in budgets.
    • Integration into off-the-plan disclosures.
    • Coordination with surveyors and certifiers.
    • Proactive neighbour engagement to reduce opposition.

    Failure to secure access can halt sales, breach finance covenants, or trigger DA non-compliance.

    Rights and Obligations of Property Owners

    Landowner granting access:

    • Has the right to reasonable compensation and protection via insurance.
    • Can impose conditions (e.g., no weekend work, height limits).
    • Must not unreasonably withhold access—but is under no legal obligation to grant it.

    Developer seeking access:

    • Must obtain written consent before commencing work.
    • Is responsible for all damage, even if accidental.
    • Cannot assume “implied permission” from silence or prior informal chats.

    Both parties benefit from clear, documented terms that prevent misunderstandings and preserve neighbourly relations.

    Disputes and Challenges Relating to Machinery Access

    Common disputes include:

    • A neighbour revoking verbal consent after work begins.
    • Alleged damage to gardens, roofs, or privacy (e.g., crane cameras).
    • Noise or dust complaints beyond agreed hours.
    • Insurance gaps leaving the neighbour unprotected.

    If a dispute escalates, neighbours may:

    • Lodge a complaint with council (for noise or safety breaches).
    • Seek an injunction in the Supreme Court to stop work.
    • Claim damages for trespass or loss of amenity.

    At GJA Law, we help clients resolve these issues through mediation or enforceable agreements—avoiding costly litigation and project delays.

    Common Mistakes to Avoid

    1. Assuming neighbourly goodwill is enough – Without a written licence, you have no legal defence.
    2. Using generic templates – Each site requires customised terms based on machinery type and neighbour impact.
    3. Ignoring airspace rights – Even “empty” overhang can be trespass.
    4. Failing to update agreements for delays – An expired licence leaves you exposed.
    5. Not coordinating with builders and insurers – Ensure all parties understand access limits and coverage.

    Proactive legal planning turns a potential conflict into a cooperative arrangement.

    • I have used GJA on several occasions and always found them to be friendly, professional and thorough.

      Fiona

    Our Services

    GJA Law assists Sydney clients with a wide range of access for machinery matters, including:
    – Reviewing and drafting contracts or agreements
    – Advising on legal rights and obligations
    – Negotiating terms or resolving disputes
    – Working with agents, financial advisors, or other professionals where necessary
    – Managing the process through to completion with accuracy and efficiency

    Why Choose GJA Law?

    – Clear, practical advice tailored to your situation
    – Fixed-fee certainty for common matters and transparent time-costed support for complex issues
    – Decades of experience across property, estate planning, and family law
    – Early adopters of technology to streamline processes and reduce errors
    – A client-focused approach that prioritises your goals and peace of mind

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    Contact Us

    If you are dealing with access for machinery in Sydney, contact GJA Law today. Our experienced lawyers will guide you through the process with confidence and provide the support you need.

    Common Access for Machinery FAQs

    What does “access for machinery” mean in a construction context?

    Access for machinery refers to the legal right to temporarily use or overhang construction equipment—such as cranes, scaffolding, concrete pumps, or hoists—over or across neighbouring land. This includes both physical occupation of land and use of airspace. Because these activities interfere with another owner’s property rights, they require formal legal authorisation before works commence.

    Do builders or developers have an automatic right to access neighbouring land?

    No. In New South Wales, there is no automatic legal right to access neighbouring land or airspace for construction purposes. Even minor encroachments, such as a crane jib swinging overhead, can constitute trespass if unauthorised. Without proper consent, a neighbour may seek damages or an injunction to stop work, potentially causing serious project delays.

    What is the best way to secure legal access for machinery?

    The most effective approach is to negotiate a written access agreement or licence with the adjoining owner. This document sets out the scope of access, duration, insurance, indemnities, and any compensation payable. For longer-term or permanent access arrangements, a registered easement may be required. Early negotiation almost always produces better outcomes than seeking legal remedies after work begins.

    What should be included in a machinery access licence?

    A well-drafted licence should clearly define the machinery involved, the exact area of access (including airspace), and the timeframe for use. It should also address insurance requirements, indemnities for damage or injury, compensation (if any), and protocols for notice, noise, and working hours. Clear terms protect both parties and reduce the risk of disputes during construction.

    What risks arise if access is not properly documented?

    Proceeding without written authorisation exposes developers and builders to trespass claims, stop-work injunctions, and uninsured liability for damage or loss. Verbal consent can be withdrawn at any time and offers little legal protection. In serious cases, lack of access rights can derail construction programs, breach finance conditions, or trigger disputes with councils and neighbours.

    Can disputes over machinery access be resolved without court action?

    Yes. Many access disputes can be resolved through negotiation or mediation, particularly where the parties have an ongoing neighbour relationship. Legal advice early in the process often helps reframe the issue and reach a practical agreement. Court proceedings are usually a last resort, as they are costly, uncertain, and disruptive to construction timelines.

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