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?

Reasonable access but not all the other stuff.

Are you in London? That would be a deciding factor for me.

Glad you're going to a solicitor as you need something in place, not just monetary. Binding that they'll stick to timelines and penalties or access revoked if not, they'll cover any increase in your insurance or provide proof they have appropriate insurance to cover you, that the driveway will be in the same condition after ie resurfaced if they wreck it. This isn't just about being inconvenienced by having to find different parking; this could end up causing big problems. For example, if a neighbour without a drive was having an operation and asked if they could park in my drive to make their life easier for a few weeks whilst they recover I'd be fine with that, works like this though without anything in place? Nope.

Is there a reason they can't use their own driveway OP? Why do they need yours?

Anyway...regardless...I think some posters here are being incredibly naive saying they would simply agree to 'be kind/it's only 8 week' etc 🤦‍♀️

We all know that it will be MUCH longer than 8 weeks and the disruption to the OP will be HUGE! Lorries, scaffolding, concrete mixed on the driveway, builders shouting all day long, radios blaring, ear shattering banging and drilling, jackhammers making your windows shake, pallets full of bricks stored for weeks on end, building debris all over, dust EVERYWHERE! It's incessant! I've had this going on in my 'end of garden' neighbour for months as they build their extension - I'm losing my mind with it! Haven't been able to have any doors or windows open since they started in March (and it's been 7 days a week from 7am until late!) And yes...they said this was an 8 week job 🤷‍♀️🤦‍♀️😵‍💫

You're right to ask first compensation up front OP, and even say no to access if you want! Have a solicitor (at their expense) draw this up and add in a day rate should it overrun...this should ensure that they at least attempt to stick to the schedule!

It’s very easy for other people on here to be generous with your property op. £0 is absolutely ludicrous. Only on MN would people think that giving away your driveway that you park on for a minimum of 2 months for noisy, messy, dusty, disruptive work is something you’d do as a kind gesture. If you people think that it’s alright and expected to give stuff away, then please send me your money.

I’d want an initial fee, and then a weekly fee. I don’t know how much, but I do think that it needs to be far more than a token.

Just out of pocket expenses
i don’t understand why people are so uncharitable and uncooperative

Aldo u never know when you might need a favour

Whatever you ask for (Putting right any damage etc), make sure you ask for a refundable deposit as well. We all know 8 weeks will turn into 10/12/14/16+ weeks. If you ask for £2000 compensation, ask for £4000 to be put in a refundable deposit with your solicitor upon completion with a £1000 deduction for every week over 8 weeks.

This should be enough incentive for them to get it done asap and if they dont it will be nice to know you have already been compensated for it.

Oh come on. This is a little bit more than a 'favour' and has the potential to cause significant problems for op. She'd be foolish not to guard against that.

A favour from who? This isn't some nice neighbour extending their home. This is a developer turning a massive profit.

I would absolutely say no. So much risk of it going on for longer/causing you a massive disruption (no way would I park elsewhere for EIGHT weeks)/mess and damage. No way.

Where are you getting the idea that this is a developer building an extension for profit? - the only description the OP uses is "neighbour".

I wouldn't allow access as surely your drive will be damaged by HGV going up and down? Damage might not be visible straight away and getting them to put it right afterwards could well be impossible.

This would stress me out so I would say no.

Can they do the work without you agreeing to this? Do you get in with these neighbours?

Sounds awful OP. If you allow it , it should only be with a solicitors agreement and compensation and escalating costs if they go over 8 weeks or damage your property.

Thank you to everyone who has replied.

My fellow freeholders and I have appointed a Party Wall Surveyor to come a take a proper look at everything to ensure that our interests are taken into account - mainly re Line of Junction Notice which we are yet to receive to ensure that nothing is built over the boundary line.

Whilst the neighbour is a developer, this has been his main property for some years, although my understanding from a fellow freeholder at my property is that this extension is being built to then sell - absolutely fair enough. The thing is that they can do the work without access via our property, but it essentially makes life easier for them and their builders to go via ours...

My personal main concern is blocking access to my front door which is down the driveway at the back of the property - the driveway itself is very narrow and if a vehicle or a lot of materials are left there I physically could not get round it to get in or out of my flat. Whilst this may be in writing that this cannot happen, we all know that the likelihood is that it will at some point.

Once we have had a full meeting with the surveyor, along with the full scope of what access they require, we will go from there.

Oh and for those bringing up my comment of "a beautiful view" I was being sarcastic if you read it - my "view" is of the communal car parking area 😂

The legal answer is that you should ask for one-third of the increase in value of their property delivered by the extension and work from there. That's what a commercial developer should expect to pay. However, going to war with your neighbours is never a good idea and you should consider whether it's really worth it.

Google "Wrotham Park damages" for more information.

I would ask for a penalty clause to pay out if the builders over stay beyond the promised 8 weeks, so first week £100, second a further £200 etc, and ask for a deposit say £5k which is held by yourselves and refunded once your parking is restored satisfactorily.

With regard access to your flat, I think you could insist on a pathway being roped off in advance.

When we did work on boundary/party wall …. We had to pay the costs for the neighbors party wall advice/legal. It was right thing to do to facilitate project & have happy neighbors.

One neighbor racked up high costs for us being a total nuisance … treating the lawyer, surveyor our architect & builders like her personal staff. Requesting endless schedules and dates & noise of works.

We should have put a cap on the costs …

The thing is that they can do the work without access via our property, but it essentially makes life easier for them and their builders to go via ours..

So say no!

AHH if they can actually manage without access then that's a different story!

Now I'm team no

If they sell the extended property as planned, and something goes wrong with your driveway shortly after, it could be very hard to get them to make it good.

Totally agree.