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?

Maybe £250 a week rising to £350 a week once the 8 weeks have passed, and maybe reduced a bit if they find you the alternative parking?

No experience of this myself but having just watched a Grand Designs where £5k was asked for a couple of days crane access...

the stated length of time might be 8 weeks now, the reality of the build especially with scaffolding being stored rent free on your property until the scaffolders next build means that the disruption can be months and months and months. OP might be wise to seek a weekly rent to ensure there is something in writing if the build overruns and the scaffolding is stored on her driveway.

You should definitely get them to cover any costs incurred by you as a result of the work (car parking, additional insurance etc). But more importantly you should ensure that there are financial penalties for going over the 8 weeks, not making good and for any damage to your property.

I'd suggest before you agree you ask them to present you and the other flat owners with a contract all parties can sign.

Agree with this. They'll have to find another way.

I like my neighbours and we get on.
I can't imagine them asking this from me (& vice versa).
It's a huge disruption to live with building works and you aren't benefitting at all.

I don't understand why they can't use their drive and you definitely will need to be financially compensated.
Your car & possibly home insurance cover will technically be affected.

£1000 and an extra £250 for every week beyond the 8 weeks.

Let's face it, unless you will incur costs as a result of this, it isn't about compensation it is about making a quick buck.

You are entitled to ask for money in exchange for your consent since otherwise the work can't proceed. Personally I think it is a dickish thing to do, but people do it all the time. Just don't expect them to be very accommodating should you need something from them in future.

The norm is to ask for a day rate, so if they go over the 8 weeks you still get paid. 8 weeks at £10 per day will cover that the cost of a couple of nice dinners out without being blatant extortion.

You should also get something in writing from them confirming in addition that they will put right any damage their builders cause to your property.

For those who keep saying that money won't ease the disruption:

A few thousand extra pounds would allow the OP to dine out more, maybe get stress relieving treatments at a spa, take some weekend breaks elsewhere. Or make some upgrades to her own home.

It will also motivate the neighbours and builders to finish up.

My worry would be actually collecting it. What's to stop them agreeing to shut you up, and not paying?

A few thousand extra pounds would allow the OP to dine out more, maybe get stress relieving treatments at a spa, take some weekend breaks elsewhere. Or make some upgrades to her own home.

Fuck me, I've heard it all now! 🤣🤣

God loves a trier but I think even he'd face-palm at that!

I wouldn’t give them access at all. It will be a nightmare. Plenty of info online of people deeply regretting this. Also I would check if they are building to the boundary will they have gutters and downpipes on your side ie over the boundary. The extension would have to be back from the boundary to allow for downpipes in THEIR land not yours. The planning permission does not give them right to your land. Check out gardenlaw.co.uk as a similar question was asked in September this year. Under the heading ”boundaries”. There is extensive answers there. Best of luck.

I wouldn't let like to be neighbours with some of you lot!

Putting the drive right / paying for parking fair dos but anything more is just being a dick. And to be fair I wouldn't like to park elsewhere (you don't specify how far away this would be which could be a factor).

Yep it's going to be a pain in the bum for two months but that's life. I would maybe think differently if the neighbours were nobs or you objected to the project but you don't mention either of these things.

You never know when you might need a favour in return.

It is not "just life" if the property owner doesn't want it to be. That's partly why private property exists: for peace and the right to be undisturbed in one's home.

Anyone wanting to breach that is asking for a massive favour and should be prepared to reciprocate in a massive way.

I would want enough to cover parking and possibly a couple of taxis depending on if parking further away means I need to use a car service occasionally.

mostly, I would want the contract to focus on two things

1. restoration of all damages
2. an increasing fee structure for the project running over and any obstruction left behind

basically, they say 8 weeks, if it is more than 8 weeks, at that point fees should kick in. At 12, 16, 20, the fees go up. Otherwise there will be building materials and scaffolding on your drive for months.

This x100.

Agreed. Wowsers.

Especially the second post about the view 🤦‍♂️

I think the people on here saying that you should just be neighbourly and let them do it have either never been involved with this type of building work/builders and are very naive.

Most builders don't give a shit about how much disruption they cause or how much mess they make. They do things that are easiest for them.

If they mess up your drive and don't put it right how are you going to force them to rectify it? It would be nigh on impossible.

The neighbours could build in from their boundary to ensure they are only on their land but they don't want to do this do they.

Having said that I expect you will agree. Ask for a weekly amount for inconvenience and put rules in place such as clearing up at the end of each day. Most importantly check out the builder has all relevant insurances and is liquid.

Wait till you read the one about the spa! 🤣🤣

ETA: Not from the OP.

Seeing as they are having to use your driveway, I think you should ask for compensation. But also in writing that it is left in the state it was at the start. There will be wear and tear from putting up scaffolding plus the inconvenience of not being able to use your driving. They are basically renting your driveway.
Definitely make it a weekly fee as this will encourage them to get finished.

No idea how much though !!

I'd just say no to access. For to disruptive if you can't use your own parking.

I'd say the neighbour should supply/pay for parking vouchers for whatever scheme your council has, so the others can park elsewhere. Other than that just minimal disruption, no noise after or before certain hours, area cleaned daily to stop dust etc, and it gets put back exactly as it was.

I'd just say no, and hope that means she can't build it right up to the boundary like that. You are under no obligation to allow access.

Our lovely NDN have our scaffolding on their drive🙈, we get on really well with them, it doesn’t stop them parking their cars overnight on their drive. I’m really conscious of having it there too long though as don’t want to inconvenience them. It should be about 3 weeks but it’s already been there a week with no work started. I would have been happy if they wanted to draw up a contract to charge us if we went over agreed time limit, it’s what I would have done if it had been our other side neighbours, cause they are entitled twats. In your case I would agree free of charge for 8 weeks, anytime over this charge at agreed daily rate, say £150 per day, and that your drive is left as they found it. I would also consider taking a hefty deposit which is refundable once they have left the site on time and everything left as it should be. You don’t want hem there any longer than they should, and charging outside of agreed time limit should get them motivated.

So trucks using your driveway and going where? Or is it just builders and their wheelbarrows stomping across the wet lawn from now until next August?

Just because they have planning permission doesn't mean they will be able to build anything. If they don't have access perhaps they simply can't and need to change their plans!!

We had an agreement when our neighbours put up scaffolding on our drive and garden that they paid £1 a week for the planned 10 weeks, £100 a week for weeks 11 and 12 if they over ran then £800 a week after that.

Experience of being left with scaffolding for 4 months while the scaffolder was on a cruise and didn't need it for his next job previously meant I'll always insist on something like this if someone wants scaffolding on my property.

to build an extension right up to the boundary line of our driveway
Are they going to need access to maintain it in the future?

Boundary line extensions have an almost unlimited potential for problems. My favourite was the one where the blockwork came exactly up to the boundary and the neighbour (quite rightly) refused to allow the render to overhang the boundary onto their side.

Just be cautious that by agreeing compensation in advance that you don't rule out liability for any actual damage that may be done to your property. Speak to your solicitor, but I would be looking for compensation for the occupancy of the driveway (realistic for extra costs for parking that may be incurred, plus inconvenience), and a guarantee that the property will be reinstated to original condition and made good - ideally backed up be a deposit held in escrow and an agreement on how adequate reinstatement will be independently determined.