I cannot agree with your stance that this is not maintenance. As this is for the preservation of an existing structure then I would think an application would succeed.mr sheen wrote:If you want to carry out these works, you have 2 options..
Negotiate with the neighbour
Seek a court order for access to the neighbour's land. In which case It is your burden to prove to a judge that such work is essential and constitutes maintenance as oppose to improvement.
The fact that the structure is only a year old is immaterial, the act doesn't say that the structure must be over a certain age. The structure exists and the work proposed (fixing failures of the waterproofing) IS maintenance to preserve that building, that purpose being one of the basic tenets of the act.
The first line of the act states
(my bold)An Act to enable persons who desire to carry out works to any land which are reasonably necessary for the preservation of that land to obtain access to neighbouring land in order to do so; and for purposes connected therewith.