Neighbour putting up extension

[BigPaperBag]

Ok, our neighbour has informed us that they are going to be putting up an extension. No problem with that, their house and all that. What really riled me was when he just said ‘and we’ll be putting the scaffolding on your patio so we can rebuild the wall’ (in total it will be there about 6 weeks) Please don’t anyone ask me why it’ll be there so long as I genuinely don’t know, this is just what he said.

Anyway, AIBU to say that he can put scaffolding up but only if he rents my patio space? Do people do this? It’s my first owned home so I have no idea, just asking for opinions really.

Absolutely no way. If I'd just spent that amount of money on my garden patio, I would not want somebody else's scaffolding on it for any period of time. He has no right to tell you he will be using it and you have every right to refuse. He will have to find a solution for his work that does not impact on you.

Party wall agreement is necessary here. I feel a falling out with this neighbour is inevitable if he’s already just expecting to put scaffolding on your patio. Stand firm, don’t be dictated to.

@Runway

A party wall agreement doesn’t cost if you both agree to it. Only if you dispute it. It’s got nothing to do with the scaffolding anyway. Just Google it all and it’s all there

This is incorrect.

A party wall agreement needs to be drawn up by a solicitor and then OP has an independent solicitor check it for her paid for by her neighbour. Are you the neighbour Runway trying to get out of it.

The agreement will also set out liability for any damage caused to the OPs property.

So OP they do need permission and they do need a party wall and you would be bonkers to allow them to go ahead without either.

[quote BigPaperBag]@Charm23 When he said about using the patio I was so surprised I just sort of spluttered ‘what if we don’t want you using the patio?’ And that’s when he said about it taking so much longer doing it over hand (not our problem) and also about the finish on our side not being as good. I don’t really care if the finish isn’t as good as it’s a pretty ugly wall anyway so we could put up a climber and have some plants on there 😆[/quote]
So the NDN has already admitted he can do the project without access to your garden? Just say no, then. Blame the insurers, as PPs have suggested.

@BigPaperBag

Thanks *@Floralnomad* I really don’t see how I can’t have one. DH is just being so annoying and asking why we need one and I keep explaining that it won’t cost us anything. What made me jittery is when NDN said ‘I heard about a couple who were so difficult that they ended up having to pay half’ (of the joint stuff eg rebuilding walls) Surely we’re not being difficult but asking for a PWA. I’m definitely calling the insurers tomorrow. Luckily we’ve got until 5th April to make object to the planning permission if we can’t get him to agree to this. Don’t really want to go down that route though.

He is bullshitting.

The party wall award will mean that he has to make good any damage that his works cause. But it also means if there is a big crack in your wall right now, he is not responsible for fixing it.

He sounds like a classic bully,

By insisting on a party wall agreement, you are obeying the law. It isn’t even standing up for yourself. It is just following the law.

A party wall agreement needs to be drawn up by a solicitor and then OP has an independent solicitor check it for her paid for by her neighbour. Are you the neighbour Runway trying to get out of it.

No.

Solicitors are not involved. Party Wall work is handled by surveyors and the person undertaking the building work is responsible for all costs.

The being "told" would have riled me too, and if they're not keen to spend money (despite the fact the expension will be costing them plenty ) don't expect any help if something gets damaged

I had an ex-neighbour who allowed something like this last year, and a load of mortar got dropped on her drive; the residue is still there and they're still arguing about it

If you're selling soon you won't even be there long term to deal with any sulks, so it would be a hard no from me. No need to give reasons either - the usual MN thing of "that doesn't work for me" will cover it

If it can all be done on his side, just let him do it on his side. I'd definitely get a party wall agreement though.

Would this count as a ‘dispute’ that I’d need to mention when we sell though?

@BigPaperBag

Would this count as a ‘dispute’ that I’d need to mention when we sell though?

No. Not at all.

If they want to place scaffolding on your land for non-essential work then I believe you can charge them- for inconvenience or whatever. V annoying for you to be losing your patio for 6 weeks just as weather is getting good and we can all meet people in our gardens.
I have had a similar issue before and charged them £5/day for the scaffolding to be on my land. The work involving that bit of scaffolding was funnily enough completed in way less than the initial time span given.

OP please do not let your neighbour use your patio to put up scaffolding. I say this as someone who has been the party doing the building/extension.

In my experience most builders are a law unto themselves. Your neighbour is starting off with completely the wrong attitude, they should be asking your formally for permission, everything needs to be in writing. Don't be surprised if one morning you wake up to find them putting up the scaffolding in your back garden saying that you agreed.

If you go ahead and let them put it up, who pays for any damage? who controls how long it is up for? It will be very very intrusive.

You need to be really firm here. Put a lock on your back gate so that it is blocked.

Funnily enough I had a situation when I moved into my new house, as a young single woman. The two (much older, male) neighbours decided that they were free to dump stuff on my land. When I asked one about it, he said the other had given him permission.

@BigPaperBag the PWA and planning permission are completely separate. They will only consider an objection to planning if it is because the proposed changes will affect you once finished. They will not deny the plans because your neighbour has not served you the correct notice.

Make it clear to your neighbour from now that you will not be allowing any works without a PWA (and that applies irrespective of them accessing your property). Although it is more expensive for your neighbour, I would also insist on the surveyor completing a pre schedule of works and I say this as the individual who has recently completed works themselves and therefore paid the excesd. It was more expensive but we are both protected.

Also call a local surveyor for advice. They all give a free consultation and will be able to advise you on next step plus all timelines. Although some very helpful responses on here, you have no idea who is qualified to give an answer and what is right

If he spoke to me like that I'd just object to the planning.

Don't go down this route. Please contact the council before he starts and see if he needs planning permission. Have you seen the plans? If you will have loss of light you can object. You have to think of the impact of your property long term. Good luck, I know this can be very stressful to navigate.

Also as someone who has recently had extensive building work, I would not have dreamt of expecting my neighbours to tolerate scaffolding (or any other disruption on their land) through the summer in the middle of a pandemic where is is difficult to go anywhere to escape it. I would go out of my way to ensure disruption to them is kept to an absolute minimum, particularly where it comes to enjoying their own property.

Based on what you have said, he seems incredibly entitled and thoughtless just to expect you to deal with it

"And that’s when he said about it taking so much longer doing it over hand (not our problem)"

So there's an alternative?

The fact that he's trying to intimidate you into agreeing raises lots of red flags, I think you will regret it far more if you agree than if you don't.

He's a CF, give him an inch and he will take a mile. Stand up to him and insist on the PWA and it all being done properly, or it's No. Nobody would say that that was being unreasonable, he can like it or lump it.

Your property is your asset and that is why you need everything sorted with a PWA.

When you come to sell your house you may well be asked if there is a PWA in place. So this is not just about your patio this summer it could impact on a future house sale

He can use his own land to put the scaffolding on. He doesn't need to put it up on your land, it's just easier and cheaper for him.
As others have said, the fact that he is trying to bully you into it means that he is unlikely to give a shit when his scaffolding damages your patio. I would say no way to it.
The party wall is a separate matter and you need to look into that.

Say absolutely no OP. Your car will end up scratched and your patio ruined.

OP,

You are married to a wuss and you have my sympathy.

Men that are scared of their shadow are tedious beyond belief.

Afraid of upsetting anyone, but not you.
Even if ye end up being shafted.

Your neighbour is a bully and has the measure of your husband at least.

You need to be the adult with a man child husband, because it will end up costing you dearly.

Your garden and patio will be left a mess and it is going to cost you.

This is the reality if you allow this.

7 or 8 pages of people telling you.

So it won't be a surprise at all if the whole experience is a nightmare that spoils your summer and your garden.

You have a long marriage ahead of you being married to a man who is scared of his shadow.

Protect yourself.

Put a lock on your back gate so that it is blocked

Yes, this is another good idea; I agree that, otherwise, there's every chance OP could find it's just "appeared" while she's out one day