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.

I have been through this and although yes, it is possible to build wholly from one side the wall that you are left looking at won't be pretty.

Foundations need to go under the neighbouring land which can cause damage- hence why a Party Wall Agreement is in everyone's best interests.

Having been through all this, spent thousands on solicitors, had a nervous breakdown and ended up with a destroyed garden and a massive ugly 10 foot wall making up the new boundary feature of my house I really would advise phoning a party wall surveyor for advice- they do give 30 minutes of free advice.

I moved because I could not bear living next door to someone who would willfully destroy my property, leave a mud bath in my garden and laugh because he had 'won'. I declared it on the sellers form and there was no problem as the extension was built by then.

The Garden Law website is a good place to look for information.

Buy a big bloody ddog.. Keep the Cfers out.

@SpikeTheDragon, call a local surveyor and ask for advice.

I am all for neighbourly relations but my property is my investment and I put everything into it. If my neighbours can't respect that and act within the law, I would be using an injunction to stop the works as they would have clearly shown they have no regard for me or my property.

We have just extended and renovated. Before applying for planning, we called neighbours round for tea (pre covid) and informed them of our plans. We initiated party wall via a surveyor as per law and they chose to appoint their own surveyor. Naturally we wanted to use one to minimise our cost but we did not hold this against them - they are allowed to protect their investment in the way they see fit. Given the amount our project has cost, if they were to do something similar in future (which they are apparently planning to), we will be appointing our own surveyor at their cost to protect our property. It is standard procedure and emotion has to be taken away from it

@SpikeTheDragon

Does anybody know what to do if a neighbour ignores your request for a PWA? Ours are at planning application stage but the council said refusing a PWA will not impact on their application as it's a civil matter. The only thing it says online is that we have to get an injunction to stop their work, which seems like it will sour neighbour relations. They've already cut into the party wall to install a staircase and a RSJ without issuing a PWA. We only found out when we sat the original plans. Sorry to jump on the thread but not sure what the next step is..

You should speak to a lawyer, because you need proper legal advice on your particular circumstances. My understanding is that a PWA is a statutory obligation, but not getting one is not an offence. However, the lack of one means your neighbour will find it very difficult to defend themselves from any inflated claims you make about the the damage they have caused to your property as there will be no record of what state your property was in before they started and a court will mostly likely side with you if there is no PWA.

But that’s only in collecting damages after the fact. If you need to stop them now you need to apply for an injunction. A solicitor who specializes in this sort of work should be able to tell you whether you are likely to get an injunction or not and if one would be useful.

PWAs are only really supposed to ensure your property isn’t damaged (or is made right if damaged) and balance the rights of each party where structures are jointly owned. Outside of that it isn’t intended to give you a say in how they build nor over when or what (though negotiation can cover this). It sounds like you’re concerned about the structural integrity of your joint wall, so I would ask a solicitor how you can best legally ensure that and if an injunction would be useful.

@yoyo1234

I like what LadyMacbethWasMisunderstood says:

You absolutely do not have to agree to him using your patio. To be honest I’d just say no. Pleasantly. Rather then rent it which seems mercenary. I’d just say that it doesn’t suit you for him to do this as it’s a new expensive patio that you don’t want to risk getting damaged, that you don’t wish to give access through your garden and that he will have to make other arrangements. But do tell him forthwith so he is not left with the impression you agree.

And put this in writing, so there's no misunderstanding or hearsay.

Tell him NO. You've thought it over and it doesn't work for you.

If he already trying to boss you about over the scaffolding, you can bet your bottom dollar that he won't take any responsibility for any damage the builders cause. And they'll be mud and crap everywhere and it will go on much longer than they promise. Also, they might not be in any hurry to remove it once the jobs done and then you're stuck as he won't care.

Presumably you've just sorted out the patio for your own enjoyment this summer?

@ShteakandShpuds

Tell him NO. You've thought it over and it doesn't work for you.

If he already trying to boss you about over the scaffolding, you can bet your bottom dollar that he won't take any responsibility for any damage the builders cause. And they'll be mud and crap everywhere and it will go on much longer than they promise. Also, they might not be in any hurry to remove it once the jobs done and then you're stuck as he won't care.

Presumably you've just sorted out the patio for your own enjoyment this summer?

It’s the bossing about that I don’t like. I just hope it’s not clouding my judgement. I don’t want to be a dick about this but I just know that even when people say they’ll do things eg put things right in this case, when it comes to actually putting things right and they have to put things in their pocket, will he? This is why it seems it’s best it’s official 😂

Why are some H's so wimpy? Your NDN is telling him what he will do with H's property - tramping al over it and putting scaffolding up- and your H is just rolling over and saying nothing?! I couldnt respect my partner leaving it all to me to show some backbone

@BRB2021 It’s not necessarily that he’s being wimpy, it’s just that he’s worried that if this drags on then it could affect our house sale next year. I’m doing my best to reassure him that even if the PWA thing takes 6-12 months then it should all be done by the time we want to sell.

You said he doesn't want to "rock the boat" doesn't want it "affecting the house sale next year" and you're "having to reassure him" 🙄
Seems like you are doing all the work and he needs to get a backbone and discuss it with ndn

It’ll affect your house sale if he damages your property.

I’ve had this before. Unless it is in your deeds, your neighbour does not have the right to use your side gate to access his property.. Mine had to keep all the work on their land and the digging had to be done by hand.

It cost my neighbours a lot more because I insisted on having my own surveyor, and having the digging done by hand rather than the machine they assumed they bring in through my side entrance but that’s tough.

They should have factored the cost in when they decided to build.

The thing is OP if you don't take this on and be direct, it will be your property that will take a hit.

I'm in an urban setting with old houses that need full renovation jobs to bring them up to spec. The average low spend is anything from 4-600,000 for to do a full house renovation and an add on.

I've heard it all and so have a lot of my lovely neighbours.

Those that were too accommodating had some awful experiences of lovely old gardens left devastated.
They try to fix them but having 10 men using your garden and their equipment leaves such a mess.
They clean up but the garden is devastated.

Prepare for the worst and hope for the best.

Your neighbour showed you both EXACTLY who he is and what he thinks of you and your property when he told you what was happening.

I have a husband who is calmness and reasonableness itself.

But it is utterly laughable that you would do ANYTHING but arm yourself so carefully when your largest asset (?) could be devalued by such a person.

By all means let Mr Bossy do what he wants.
Spend 10,000+ fixing your property after his builder leaves his mess.

Your money🤷🏻‍♀️

I don't think a PWA will take long, the building work can start in a few weeks even if a survey is done first.

It will definitely affect your house sale of they trash your garden, damage your house or STILL have scaffolding up when people are coming to view the house! Your NDN doesn't sound very nice and I'm pretty sure he won't be paying for any repairs.

[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]
Unfortunately you can no more grow climbers up his wall than he can put scaffolding on your property. Just bear that in mind if you do stay in the house and want to lessen the impact of the wall.

@AdobeWanKenobi Really? It’s a dividing wall on the boundary and he said that as it’s 9 inches wide 4.5 inches of it is ours, is that not right? Getting very worried now as you can tell. So glad we’re insured and I can call them tomorrow.

Is that the new wall? Half the new wall will be on your property?

I think you will have to bite the bullet; put it in writing that you do not give permission for workmen to be on your property, whether through the gate or over the fence, and that you are seeking legal advice.
Locks on the gate and fix a notice clearly stating that you do not give permission for access.
Take photographs and seek legal advice in the morning.

Why would half the wall be on
Your side? All the wall should be on his side unless it’s a shared boundary. In which case I’d be even more concerned.

If you don’t give access the side you are left with will look awful because they won’t be able to tidy it up.

I wouldn’t give access though tbh

@BigPaperBag your neighbour can build up to his boundary but not encroach yours. However the red line on title deeds is only good for -/+ 50cm. You really don’t want to start a boundary dispute if you are selling. @AdobeWanKenobi is quite right, you cannot attach or grow up any fence/wall that you do not own without permission.

@DifficultBloodyWoman

GET A PARTY WALL SURVEYOR!

Their job is to protect your property (the party wall) and ensure any damage is repaired afterwards. They are also able to represent you in negotiations regarding the timing if works and access etc.

And the person carrying out the works is legally required to pay for it.

Hire a party wall surveyor.

@BigPaperBag - what Difficult Bloody Woman says with bells on, lots of bells.

Haven't read the whole thread but what if the scaffolding cracks your patio? Might be worth finding this out too legally.

Yes if it's their wall, you cannot our anything on it without permission. You can erect a trellis in front of it and grow something up that though.

Our neighbours are having an extension done and they are having to get a PWA, at their cost, be it us or them that arrange it. To keep their cost down, we have agreed to use theirs. We have a party wall between us that is going to cause some trouble (it's our wall), and am sure their side access gate will be attached to it. Not sure if we would be asked if they can, or it just would be?!?

Sounds like he is trying to Nick some of your land now too. The entire extension needs to be inside his own boundary.

[quote BigPaperBag]@AdobeWanKenobi Really? It’s a dividing wall on the boundary and he said that as it’s 9 inches wide 4.5 inches of it is ours, is that not right? Getting very worried now as you can tell. So glad we’re insured and I can call them tomorrow.[/quote]
F*ck that!

He wasn't the wall - it is on HIS side. Why should you lose any of your space to accommodate him?

My neighbours just did an extension they built it all on their side, including foundations.

I did allow their builder access to finish off a couple of things but no scaffolding required and it was a couple of hours.

It should all be on their side unless you specifically agree to a party wall.