Short, plain answers for developers and property owners. They are general information for England and Wales, not advice on a particular site; for that, ask us about yours.
A crane oversail licence is a written agreement in which a property owner allows a tower crane’s jib, and sometimes its loads, to pass through the airspace above their land for an agreed period. It usually records where the crane stands, how long it stays, when it may oversail, what it may carry, the insurance, the condition record, any fee, and what happens if anything is damaged.
Crane oversail licences in detailGenerally not without the owner’s agreement or another legal basis. In England and Wales the courts have treated a crane jib in a neighbour’s airspace without consent as a trespass, notably in Anchor Brewhouse Developments v Berkley House in 1987, and oversail is usually dealt with by a licence or other agreement. The exact position depends on the land, the height and nature of the intrusion, the rights involved and any existing agreements or statutory powers, so it should be assessed for each site, and owners can take independent legal advice.
It can be. When a tower crane is out of service, at night and at weekends, it is normally left free to slew so the jib can turn with the wind like a weathervane, which protects the crane in high winds. The jib may then come to rest over neighbouring property, so free slew is usually considered alongside any working oversail. Whether an agreement is needed depends on the crane plan and the property interests involved.
Usually the developer or contractor who needs the crane pays any licence fee, and owners often ask for their reasonable survey and legal costs to be met as well. That is a matter of negotiation rather than a rule. We aim to agree arrangements under which the developer funds reasonable survey and legal costs, subject to negotiation and the terms agreed for each project.
There is no fixed tariff. Fees are negotiated with reference to the site, the duration and the extent of oversailing, and they also reflect how low the jib passes, whether loads are carried over the property and how the building is used. A fee may be paid as one sum or periodically while the crane is up. Not every nearby building is entitled to compensation, and not every agreement involves a fee.
How fees are worked outIt depends on who holds the relevant property interests in the airspace the jib may cross. That is often the freeholder, but a head lessee or a residents’ management company may hold rights too, and some top-floor leases include the roof. The title registers at HM Land Registry and the relevant leases are checked early, with a solicitor’s input where the position is not clear, so the right parties are approached.
A schedule of condition is a dated record of a building’s condition, made with photographs and written notes before nearby construction starts. If damage is reported later, it shows what was there before. It is evidence of the condition observed at the time: it does not guarantee protection against a future claim or prove the cause of any damage. We coordinate schedules through appointed surveyors and, where aerial photography is appropriate, specialist drone operators.
Schedules of conditionAn owner can refuse. Concerns often come from not knowing what is proposed, or from terms that feel one-sided, and clear information can help. Where agreement is not reached, the project team may need to change the crane arrangement, for example with a different jib, a luffing crane or a slew restriction, and take its own legal advice on the options. That is one reason to identify neighbouring interests before the crane position is fixed.
It depends on the number of parties, how they are organised and the terms involved. A single freeholder may agree within weeks; a block with a freeholder, a management company and a managing agent usually takes longer. Network Rail, Transport for Greater Manchester and highway authorities work to their own timetables, so it helps to start as soon as the crane positions are known.
As early as possible, ideally once the crane positions are known and before the main contractor is appointed. Infrastructure approvals can take months, and owners who hear about a crane early have time to consider the proposal and take advice.
A Basic Asset Protection Agreement, or BAPA, is an agreement Network Rail commonly asks for before outside works that could affect the railway. It generally covers Network Rail’s costs of reviewing the proposals, such as the risk assessment and method statements, and of any supervision on site. Whether a BAPA or another agreement is needed, and what restrictions apply to a crane, are confirmed with Network Rail’s asset protection team for each project.
Working beside the railwayCrane operations near Metrolink infrastructure may require assessment, coordination and approved operating restrictions, and the requirements are determined by Transport for Greater Manchester for each project. Its published guidance for working near the network restricts cranes oversailing the tramway and asks for a slew restriction plan, so it is worth contacting it early, starting with its Initial Enquiry Form.
Cranes near the MetrolinkUsually some form of permission is needed. The highway authority decides what is required for a crane to oversail or work beside a public road, and on what conditions: for most roads that is the local council, such as Manchester City Council or Salford City Council, and for motorways and trunk roads it is National Highways. Many councils licence tower cranes over the highway under section 178 of the Highways Act 1980, but processes, fees and conditions differ, so the requirement is confirmed with the authority for each site.
Often, yes. Cranes near an aerodrome, and tall cranes anywhere, may need to be notified to the aerodrome operator or the Civil Aviation Authority, and some need obstacle lighting. Requirements depend on the aerodrome, the crane height and the applicable procedures, so we help identify applicable crane notification and approval requirements with the relevant aerodrome and aviation authorities.
Cranes and aviationAerovax Spatial Logistics is a Manchester company that coordinates crane oversail agreements, third-party approvals and photographic schedules of condition for projects where tower cranes work close to neighbouring land, buildings and infrastructure. It provides coordination and liaison services to developers, contractors and property owners, and works with appointed solicitors, surveyors, drone operators and engineers where a project needs them. It is not a developer and does not build.
About AerovaxAerovax provides project coordination and liaison services to developers and property owners. Our role, responsibilities, fees and any conflicts of interest are agreed transparently for each engagement, and we tell everyone we deal with who we are working for. Property owners remain free to obtain independent legal and technical advice.
What we do, and what we do notWe focus on Manchester city centre, Salford and Trafford, and the rest of Greater Manchester. We can also support projects elsewhere in the UK.
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