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.

Scaffolders are a nightmare. We had scaffolding up for a project at work, the it had to come down once the roof was sorted so that the other trades could do the next stage of works. It was up for 2 weeks longer than it was supposed to be, and they only came and got it then as they were sick of us phoning every single day demanding they come and take it away. It delayed the project by much longer as the other trades had had to go elsewhere as they couldn't do their works until it came down and no one knew when that would be.

They're also notoriously careless - dropping clips and poles and boards without any thought of what's below them. Different project on a restoration of a cone shaped roof, took weeks and weeks, with a scaffold 'tent' over the top. The builder who did the roof actually built a protective platform over the roof he was so convinced they'd drop a bit of the scaffolding on/through it taking the tent down.

No way I'd have scaffolding on my garden that I wasn't paying for, they're not going to take any notice of someone who's not paying the bill. And even if I was paying for it I'd not have it on a £6k patio!

This was on grand designs the other week , the neighbors who had to have the scaffolding on their land due to the nature of the build and they charged the neighbor x amount a week it was there we are talking £100S in the end as the build went on and on and they could not enjoy their own gardens due to the scaffolding. On a side note we are having a extension later this year and we were told it’s a legal requirement to have a party law agreement if you are building near the neighbors boundary

@BigPaperBag I don’t know - I just know about planning and was just a bit concerned that you said “ there’s a chance that the roof very slightly encroaches on our land. I hadn’t noticed before as it’s slight and could be the angle of the shot. For now DH and I have decided to register an objection but it’s more of ‘can this be checked please?’” - I just wanted you to know that planning won’t check that, whether you object or not.

Do not let him put scaffolding on your patio - we ended up with broken slabs on our patio from the scaffolding.

i would be wary of someone who is very professional and says the right things in a text while being a CF face to face

@BigPaperBag I had to have some roof repairs done about 6 months ago,Due to the position of our terraced houses, my scaffolding had to go partly into the neighbours garden.

I didn’t assume (although the builder said they could legally do it). I knocked at the door and asked them politely whilst also apologising for the inconvenience. They were lovely about it thankfully. It was for 4 days. I took round wine and chocolates after as a thank you.

What I should say, reading that your patio is only 6 months old, the scaffolding damaged some of the paintwork on my home’s exterior and I now have a couple of patches where the paints come off. I can’t afford a repaint. The scaffolders will also hack away any plants etc that are in the way (my lovely rose bush was completely destroyed to make way). If you have nice flower beds, beware. And I would be cautious for your patio. I’m sure it would be fine but still.

It was very wrong for them to assume. Especially without access.

If the build is to maintain an existing structure (eg guttering, pointing) where the Access to Neighbouring Land applies then there is a chance you may one day need access to your neighbours land for the same/similar work. So probably best to work it out informally but still with a written agreement covering damage, dates, hours of access etc.

If the work is for a new structure which is not for your benefit then best to forget the "neighbour" aspect and go the legal route. Its a business transaction so charge your neighbour a realistic business rate for hire of your land - or refuse permission all together.

Keep sentiment out of business.

In the event of damage you should bill or sue your neighbour as you suffered "consequential loss" through lack of care and skill by their agents. They would then have to sue the builders to recover their loss. This is a consideration you should always bear in mind when setting up the agreement for access.

You definitely need a party wall agreement on a semi, and there could be benefits to you in the future if you wanted to build an extension you could build off the party wall.

We did an extension recently, we are detached but needed to ask the neighbours if we could have platforms on their side for a couple of weeks. We asked them, and we only did it in the week while they were at work/school and removed the platforms at the weekend.

A builder can also build up on the inside for part of the construction to reduce the time needed for scaffolding.

Our neighbour tried this. He didn't even ask us, but sent the builder round the night before to tell us he would be putting up scaffolding on our drive the next day. That was a big fat no.

I had a live thread on here about it.

Strangely enough, despite being told by the builder that he would take 2 weeks, and no, there was no other way he could do it, it was about 8 weeks, and of course he found another way to do it but probably was more expensive and hassle.

Being told by the neighbour would really get my hackles up.

Sorry tldr, so in case no one's mentioned it, he also needs to pay for your surveyor if you need your own one for any party wall disputes etc. I speak from costly experience, please don't be intimidated in to agreeing something just because you are new to home ownership

I think you should ring the planning department for your council and enquire about party walls. Because I feel your neighbours needs to go through the proper channels to have an extension. As for putting there builders scaffolding up I think I would say your not happy with this. Yes we have to live next to people but its best to try to speak before the extension is built. Also regarding loosing some light in your garden. Its your garden why should you be be put out for something they are having done.

Planning dept has nothing to do with party wall dispute. They’ll only comment on the planning application

Ask yourself if you are ever likely to want to construct an extension or enter into a project which requires access to your neighbour's land and base your response upon that. If no then they should pay for everything, including restitution of the garden/patio etc to former condition. Plus all legal expenses because the build is not for your benefit. That's why competent self builders have a contingency fund.

If you make it clear to the neighbour how much it is likely to cost them on top of the actual extension you are really doing them a favour. Then may have to cut back or abandon their plans if they dont have the finances.

You need a party wall agreement to protect you. He has to pay for it. If this does go ahead I would also check the builders insurance to make sure they are insured.

If they are building with a certain distance of your foundations, they need to have a party wall agreement. A surveyor checks before and after, to see if there were any issues. It covers the people building too as you cannot attribute older damage to their works. They pay for the surveyors needed as they are the ones who want to have to work done.

If I were you, I would ask for a proper chartered surveyor. Party wall 'surveyor' title means very little and can be someone who has just done a few small jobs and have a limited knowledge of building. Sometimes they can be quite ignorant. I know this as our old neighbours wanted to build an extension. We hired a chartered surveyor and their 'party wall surveyor' hadn't a very good grasp of very much. Did't stop him trying to bluff his way to our proper RICS fellow.

Of course your neighbour don't want to pay for the surveyors, or cover you for any damage. He would, wouldn't he?

Do you know if they are going to extend straight out from the party wall or going to step back to within their 'side' of the wall?

The party wall is the wall between your two houses and is shared by both houses. You both share the bricks, but roughly you own to the half way imaginary line and next door own the half on their side.

Our old neighbours tried to tell us their builder said they didn't need a party wall agreement to build their extension, and they'd send him around to explain it all to us. We had to inform them that we'd be taking the professional advice of our RICS surveyor that one was required over their builder anyway. Especially considering they were going to be building it out directly from the party wall line, therefore encroaching on our side of it.

There are a lot of bluffers with brass necks around.

Brass neck, describes it very aptly

You are surely well within your rights to tell them to FRO as you don't have to let them into your garden at all ever if you choose not to - they sound horrible BTW

Problem is op and her husband are reticent at being assertive and as a result the neighbour dominates and pushes his own agenda

I had a rear 3m extension done two years ago, I've never even heard of a party wall, we didn't have scaffolding either.

We allowed neighbors to erect scaffolding on our drive. Mistake was we didn’t even think of charging them.
It was supposed to be for 4-5 weeks. When it was at 8 weeks I asked her when it was likely to come down. She obviously didn’t want to talk to me about it and wouldn’t give me a definite date when I pressed.
So I asked my solicitor to write to them. They finished the work within solicitors deadline and took down scaffolding.
They ignore us now!
So us doing them a big favour in the interest of good neighbourliness has resulted in them ( and their friends across the road) snubbing us.
Don’t do it without a written agreement at least. Charge them a daily rate, if you can.
Cheeky f’rs

You need a party wall agreement. He has to pay from memory I believe

@Garlia

He needs to ask your permission, he can't just 'tell' you. What a knob!

This ^

I'd also say no, just because they have no manners and assumed they could dictate to you.

I definitely wouldn’t want builders on my new patio either.
Not without protection for breakages, it can get very messy though.