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?

Exactly this, we had our gas pipes cut and dirt in our water supply as they used heavy machinery to dig as it was cheaper than digging by hand. However that way they cut through pipes, but it was us that suffered not them. It took us an hour to run a bath as the pipes were blocked. They denied the water issue was their fault at first. All due to builders in the field next door and not even right at our boundary. They ignored planning regulations and worked after 1 pm on a Saturday and all day Sunday. They had to be reported numerous times before the Council threatened legal action and even then they wanted videos from me to prove my complaint. Swearing, loud music so loud I could hear it inside my house, pulling out hedges that they were told “for the absence of doubt” the hedges were to be left untouched. Don’t believe a word they say. For cutting our gas pipes they offered a couple of slabs for under my bin! The council didn’t pick up our bins for months on end as they couldn’t stop on the road to uplift them. We went all the way through their complaints procedure on that one. You have nothing to gain here and everything to lose. Say no.

We had part of our new neighbours' scaffolding on our drive for over a year. During that time, our side access was severely limited, the scaffolding blocked out all the light from our hall, and the workmen would see into our bathroom and one of the bedrooms. It was all very inconvenient but I would never have considered asking for compensation! They are nice neighbours and we never know when we might want a simile favour from them.

@IDontLikePinaColadas make sure you address financial compensation for each week overun! also you wont be able to open kitchen window or offic window for two months due to dust and noise so they should also pay for your windows to be cleaned at the end. perhaps 100 per week for each affected flat? you sound like the main ones who would suffer. dont know if it is a house or a flat

It’s never just going to be eight weeks.

Take plenty of ‘before’ photos in case of damage.

Also if the roles were reversed how much would you expect to pay in compensation? That’d be a place to start.

I don't think you are BU and as others have said, do add in a time penality clause and a rectification penalty clause. Make them stiff ones. The idea behind that is not to make the money from them but as a strong disuader.....make them REALLY not want you to invoke them.

Insurance: please confirm they are insured for any accident etc that happens on your land. Your own insurance might not cover damage to your house either.

1. contact your insurance.
2. Make sure the builders / neighbors are insured/party wall insurance
3. check about party wall … even tho you are not sharing a wall I can see similarity. Neighbors will need to pay for insurance & any legal matters that arise

I’d looking to close on something like…
£500pw increasing to £1,000pw after 8 weeks (this will stop in r dragging for months or your property being used as scaffold storage)
photos of condition before and guarantees on make goods for any damage

maybe even 1k pw and 2k for overrunning work depending on size /value of the properties…

so would open with higher/bigger asks
if they didn’t want to play ball I’d refuse access and tell with to build within their boundary which will cost a fortune and/or be impossible

Considering this is someone developing for profit rather than personal use, I’d either say no or ask for at least 10,000.

They need to make a smaller extension

Agree with others you need a cast iron agreement that neighbours (not builders) will pay for any damage & to restore everything on your side to how it was. Get a party wall agreement, your neighbours can pay for solicitors/surveyor

Neighbours can claim off builders insurance, you can't.

I don't think you are wrong to consider asking for payment either. It tends to focus minds & people don't appreciate anything they get for free. The equivalent cost of renting a driveway off justpark or similar. Whatever you think suitable.

I do agree you need to escalate the payment once the 8 weeks have passed. You can't have this situation going on for months.

The alternative is to say no and tbh given the stories of nightmare builders we've seen on this site I don't think anyone would blame you really.

I wouldn't allow them access. Next door had scaffolding and even though it wasn't in our garden the thick as mince workmen still managed to drop a lump of metal onto my patio. They didn't even apologise and only came to collect it when I lost my temper. They played loud music and constantly shouted at each other over the top of it. Thankfully it was only for a few days but I would never grant access if was no benefit to me.

i wouldn’t allow this. As much s it’s nice to try and be helpful and neighbourly, it’s easy to underestimate the impact of the disruption. Builders will say that they will put everything back to the same state, but it won’t really be the same and there will be nothing you can do.

I would not do this - the heavy vehicles could damage not only surface of driveway but any utilities underneath. Any damage may not be immediately to apparent and cause problems outside any contract timescale, such as drain damage.

Also contracts for compensation are not worth the paper they are written on unless you have huge amounts of funds to pursue breaches in court.

Your property insurance could also be invalidated due to allowing these works.

If your going ahead with this - I would need payment upfront and some insurance for damage covering at least 1 year.

Your property will be potentially damaged by the screw piling - the vibrations if very close it could cause movement to your walls and certainly if you WFH it can be unworkable. Video your property fully inside and out prior to any work commencing.

Just say no. There are so many potential problems.

The fact that they have planning permission doesn't mean they have the right to access your property.

Basically, this.

Not your problem.

"Thanks, but that won't work for us. Ta."

I don’t think YABU. This is a developer converting a property for significant commercial gain. Not a neighbour needing a favour.

I would base my compensation ask on the projected value of the dwellings and how important access across my property was (is it the only way in, will not granting access cause lengthy delays to completions, will using alternative access add significant cost to the development?

For example, if the dwellings were projected to sell for £1m and I had the only access route, I’d probably open negotiations at £50-100k.

Why's everyone acting like this is a neighbourly situation? From what I read its someone converting a property to flats. If they are profiting from this then why shouldn't the op? She's the one inconvenienced for what will definitely be over weeks

We ve had similar building work next door and currently have new neighbours doing two barns conversions, scaffolding, entire driveway dug up, builders everywhere etc We look out on this every day and all the trucks go straight past our windows.
They need access and they will be putting it all back as normal. We haven’t been able to use all of the driveway for several months and it will be another couple before we do.
We part own the driveway.

No we don’t expect compensation as this is the only way they will get the work done they want to do.
As long as it’s all back in order once they’re finished and they pull their trousers up when they bend over I don’t care.

Look at the Party Wall act if you’d like compensation
Section 7.

As an architect I’ve never had a client ask for it which is probably why you are getting similar answers here

ps.
If you have a party wall award and have been given a notice of access you have to give access.

I think you have to give access to do the work needed at the boundary, but not to provide a delivery space for the whole site.

I would ask for some money, probably weekly with a moderate amount for the first 8 weeks paid up front and consider increasing the amount for weeks beyond 10 as incentive for them to get out! Have it contracted.

I am amazed that you are even considering this, even with compensation.
Have you ever had any experience of building works?

You don’t need to allow it. I can’t imagine many neighbours would, in real life, and not just on here.