Adequate compensation for allow neighbours access

[IDontLikePinaColadas]

This might be in the wrong topic but I'm hoping someone on MN has had experience with this.

Our neighbour has had planning consent to build an extension right up to the boundary line of our driveway, which is to the rear of our property - a Victorian conversion into four flats. They are asking for permission to use the driveway as access for the building work for 8 weeks (let's face it, it will be longer) including deliveries, screw piling, earth works and SIPS panel erection, which will, in no doubt, also require scaffolding to be erected.

Whilst we, and the other property owners, are actually not against this as a concept, we would be looking at compensation for the disruption caused. My question is has anyone had a similar situation with their neighbours and what financial compensation did you seek for this?

You're loosing you parking space, so the rental of an alternative space for the duration. You'd need a condition report before work commences with the agreement that damage is made good.
Can you actually work with a building site outside your window? Excavators, concrete blocks being cut with loud saws, mixers running all day? 8 hours of loud radio and swearing everyday? You might need them to rent you an office space. Portaloo door banging from 8am daily?
I would say no to the use of the drive.

My parents had something similar and charged compensation. They charged the equivalent cost of renting out the driveway. They used the neighbours drive to park. It was 6 months though.

I'd want a contract with payment upfront per week with a maximum number of weeks specified and to see evidence they have insurance in place if they cause damage to the area they will have access to.

I’d be requesting compensation at £500 per week for inconvenience, noise and disruption as well as a secure parking space nearby. I’d also be making sure that your driveway is left in the same condition that they found it in and if there was any damage then the damage was made good. I’m not sure if I’d grant access in the situation that you describe though.

We had similar but on a larger scale where wind turbines were being put in and they needed access across one of our fields. We were handsomely compensated for the inconvenience of trucks trundling up our drive, the mess, the disruption and noise. They also had to resurface our drive afterwards and sort out the mess in the field that we couldn’t use for two years, they never quibbled when we gave them the compensation amounts.

I'd only be asking for money where it actually cost you something, like parking of course. But I wouldn't be asking for money for the emotional damage of having to look at builders instead of my beautiful view 😂

We live in a very busy road and it would be a nightmare if I couldn’t use my driveway for 8 weeks-we have three cars!

Oh god, and the state the outside of the house and the garden will be in when they've finished. The face of your building and the windows will be covered in dust and the ground will be massively compacted and littered as well as dusty.

I’d be asking for at least £200 per week for noise, dirt and disruption.

Neighbours will be saving cash on speedier construction so why shouldn’t you benefit too?

I was joking about the beautiful view - the shared driveway is definitely not the view I would choose 🤣

Thank you to everyone who has responded - much food for thought.

We will definitely be appointing a solicitor, not least as the only access to my flat is from the driveway/parking area via the rear door of the property, so we need something in writing stating that we cannot be blocked in or out at any point.

And thank you especially to all those who have pointed out insurance issues - they want to store things on the driveway as well so need to check on insurance from that perspective too.

I suppose you need to list the things that it will definitely cost you

• parking
• upped car insurance for not parking on your property at night
• noise cancelling headphones for working from home
• window cleaning for excessive dust from the works
• nice bottle of wine for stress relief 😅

I don’t think you can charge for the view of builders working, personally I would be too busy people watching the builders to work at that window but everyone is different 😆

also I liked the suggestion of a weekly penalty for going over 8 weeks , payable untill evething is removed and left how if was .

however I don’t think I would charge directly for access- you never know when you might need a favour back from a neighbour- that’s not to say some extra brass wouldn’t be appreciated, but I don’t think I could take it off a family. ( and if they live by me they don’t have much extra !)
if it was a big company I wouldn’t think twice for asking for a nice emotional support package 📦

I'd be expecting at least the following
You'll need to amend your insurance to on street parking, so that cost should go to them
Your car(s) may get damaged on the street parking so consider excess insurance and loss of no claims bonus
What if your car gets totalled on the street
These would need to be in some sort of contract they pay for
The driveway will be damaged so you'll need them to resurface at the least, is there grass and plants? They'll get trashed and need replacing
Total clean up, removal of all debris
Security needs considering
Make it clear that e dry day they go over their allotted time requires compensation
Make it clear that workmen don't loiter on your property, access only (they may use your property for lunch time etc
Make sure all your expectations are in black and white - not all trades people are decent human beings - just like any other person - you don't want to end up being extremely unhappy for their gain

I know, there was no need to explain it.

But unless you're out of pocket with parking, why do you want a hand-out?

It's not going to change the fact they're working on their property for 8 weeks, like millions of others work on theirs.

Would you be happy if your neighbours put their hands out for your money, if you were having an extension?

I would state clearly the hours access is allowed (8am no earlier, until 6pm no later Monday to Friday as an example) the exact dates access is required therefore you won't have access for parking, any costs incurred due to lack of parking, and not impose a charge for access as such (apart from costs) however a set amount for any over running to incentivise finishing on time, and clearly any dates within that period where you do not want them to have access eg 24th December from 1pm until 2nd January 8am due to family visiting.

And yes, state the portaloo mustn't be on your property and music volume should be minimised so you cannot hear it inside, all builders play loud music

Any solicitors fees need to be covered by the people having the building work

If I was asking to use their property as access for it for weeks then I wouldn’t just fully expect them to charge me, I would offer it. A couple of deliveries is one thing, 8 weeks is a very different matter.

Also asking on behalf of all four property owners involved, not just me.

Well, ask them for however much you’d willingly offer if the sides were reversed. At least then that gives a precedent what they’ll be able to expect from you if you have to do maintenance work in the future.

Personally, I think good neighbour relations are of much greater value than a few hundred pounds.

I wouldn’t ask them for anything other than maybe to cover the costs of alternative parking. Building works are a fact of life when you have neighbours.

Yes and your existing 3rd party liability insurance may not cover this.
When our neighbour asked to install scaffolding on our drive, we didn't ask for money but we asked them to draw up a legal agreement covering their indemnity to us for any damage and insurance and also a penalty for any overruns.
Your neighbours will say that their builders have insurance but you can't claim on that as you haven't employed them. So you need the neighbour to make good and then they claim back from the builders.
Given you'll have to park elsewhere then I'd also ask for compensation for this.

I'd have more respect for them if they refused access rather than turn it into a money making opportunity, that won't change their inconvenience anyway.

It's 8 weeks and it'll soon pass, not 8 months.

Honestly I'd say no.

So what happens in six months time when a problem with pipes under the drive arises and you spend money looking into it and they say that the pipes are all cracked.

You tell next door about it all and suggest it's been the weight of all the heavy piling lorries concrete mixers etc. and ask for the damage to be made good.

The company/neighbour says it's been six months so it's not our fault and anyway how do we know it wasn't like that already. It's nothing to do with our 45 lorries that went up there... and refuse to pay.

The bills £6k to dig out the drive and replace all the broken pipes.

So what happens then ???

(I have a good imagination, but seriously, it's not good to have heavy lorries in your drive)

I'd want more than £1k - can they physically do the work if you refuse? If they can't you are in a good bargaining position

If it was me - I would refuse permission. I have had experience of this and the timeline always overruns. In my case, the builders caused so much damage to my garden and drive plus the noise, dust and the sheer inconvenience of not being able to access my home from the front door wasn’t worth the compensation my neighbour offered.

Classy.