To deny neighbour access to render extension?

I would absolutely not agree to this OP. They should only have built something that could be fully erected and maintained from within their own property boundaries.

I'm not sure of the law outside of Scotland where I live, but when I had a similar situation with a very difficult neighbour, the legal advice I was given was that anything about access for maintenance etc in the title deeds only applied to what was there when the deeds were first drawn up, meaning subsequent extensions with new or different requirements for access for erection and /or maintenance were not covered and could only be requested on a "good will" basis from the disadvantaged neighbour. My lawyer advised me not to agree as any damage caused could be a nightmare to get put right and could involve going to court.

As you already know your neighbours are not careful and you need to have a fence removed for this rendering to be completed I think it's entirely reasonable to say no. Going forward they could also want to paint or otherwise maintain this wall from your property at regular intervals.

I was lucky in that my neighbour did need planning permission for their proposed extension, so I had the chance to object on various grounds, one being the fact that access over my garden was required to build it and I would not be granting that. The permission was refused and the neighbour had to rethink their plans.

Probably should say that before this my relationship with my neighbour had already irretrievably broken down due to the CF neighbour blocking a legal right of access I actually did have, over their property. I had to go to court to get that reinstated!

What happens if you decided to build an extension in the future up to the boundary. They wouldn't be able to access the wall then to redo the render. It seems a silly choice of building materials.

Quite honestly, I’d be ringing the council and asking for an onsite meeting so they can check all is above board first, before anything.

You need to get yourself a CCTV camera of some description and points in the direction of the fence.
I was about to say let them but when you said they go to your property without permission and climbing the fence... I'm not surprised you don't trust them.

Think it’s a bit mean personally. Will look much better after, better for when you sell it. Won’t last long.

If you give permission this once you don't know where it will end. I would certainly tell them you are thinking about it over the Summer. Don't make things easy. They made their bed...

How petty.

Say they can but in September as you want to enjoy your garden in the summer?

But they haven't been a good neighbour building right up to the fence. I wonder who is responsible for the fence. I would agree to the work but would ask it be done later in the year, perhaps Autumn and they agree to replace everything properly

😮

I would usually have given permission without a second thought… until my neighbours workman absolutely wreaked my mature hedge, and trampled my plants. We lost the hedge, as it was cut at the roots, cost of quite a bit to buy replacement plants to fill the space. NO WAY would I ever give permission again.

Yep, the actual rule I believe is they are required to serve a PWN if excavating for new foundations within 3 metres of your building AND proposed foundations will be deeper than the bottom of their existing foundations. Do you have a pic if the foundation work?

If you’re talking about mm’s surely that means part of the roof could overhang the boundary & that they may need further access for future maintenance?

Are you listening to this thread

GET A PARTY WALL AGREEMENT TODAY
YOU DO NOT PAY THEY DO

ASK FOR ONE NOW, LIKE RIGHT NOW

REPORT THEM TO PLANNING NOW

THEY ARE TOO CLOSE TO YOUR BOUNDARY

if you dont, never ever ask or complain on MN about this because we are all telling you. I'm the person who had to pay for my neighbours party wall agreement, I know the rules and you neighbour is taking the piss out of you

I

I'd tell yhem that I'd be happy to, following legal advice. I would also say that I needed work doing on my own property which is expensive and will take at least five years to save for, however I will see where the request will come in my finacial priorities at this point.

Then secure my garden so they can't access it.

You are under no obligation to let them into your garden for anything. They should have considered maintenance when they built it.

Also planning and building control are seperate from party wall agreements.

They need to pay for the party wall agreement. Do not agree to any access etc without this in place.

I would be worried about being able to sell it in the future especially if they are going to require access across your property for maintenance.

You are being very petty. They can build within 10cm of boundary line. My neighbours did this a few year ago, and we have access. Likewise we have recently rebuilt our garage and garage extended this. We talked with them before hand as the builders requested to scaffold along their side alley. They let us. It’s live and let live and being neighbourly. We made sure that their side access was all made good (they got a new side path, face panel and some replaced guttering as part of it, plus beer, wine and flowers).
just after a set date with them, and ask their builders to move everything and put it back int he same place. Rendering can be done in a day.

You may want the favour returned some day.

I would let them but get everything in writing, eg they agree to put the fence back up and/or replace it if damaged in any way. Everything must be put back how it was. And that you won't be allowing them access again for anything other than emergency repairs.

My permitted development plans were still logged and approved by the planning department. Have you checked with the planning portal that they’re definitely doing things above board? I wouldn’t take their word for it as permitted development doesn’t mean that they can just go ahead and build regardless of the planning process.

You will have to look at this wall. I'd prefer to look at a nicely rendered finish, rather than ugly breeze blocks. Put reasonable conditions on allowing access and for the work to be completed, area reinstated etc. Is there a builder/ company doing the work. You need to check their liability insurance etc. Why not have a word with a solicitor and building regs section of the council before giving the ok.

I'd just let them finish the rendering, itll be nicer to look at than the brick wall.
Only take a day.
Also, easier to keep peace with the neighbour. Sooner you let them finish it, the quicker it'll be done.
Then enjoy your garden for the summer in peace.

Exactly!

I don't get all these selfish people who build right up to the boundary line and impact their neighbours quality of life and then expect the same neighbours to be all "neighbourly" still.

O