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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Neighbour putting up extension

539 replies

BigPaperBag · 27/03/2021 21:26

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.

OP posts:
yoyo1234 · 27/03/2021 21:58

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.

milinhas · 27/03/2021 21:58

If this helps your decision at all, we’ve just had scaffolding up for works on the building and the scaffolders smashed up one of our paving slabs taking it down. I would advise getting a very clear agreement on what happens if there is damage ...

Freddiefox · 27/03/2021 21:59

@BigPaperBag

We’re attached as we’re a semi and he’d need to access it through our back door. He doesn’t want to get a party wall agreement as it will be ‘costly’ but I don’t think it matters. Surely it’s not my problem. We’re not benefitting at all from this. In fact we will probably lose a small bit of light in the corner of our garden.
The cost of a partly wall agreement would be a small faction of the cost of his extension. His lack of willingness over paying for an agreement shows his attitude already. If you insist he should also stump up the cost of a party wall survey.

I’d want a survey particularly as he sounds a bit entitled.

Seeline · 27/03/2021 21:59

What's above your patio? Will their builders be peering into your bedroom for the summer too?

PaterPower · 27/03/2021 22:00

Check the covenants on your deeds.
You may find they specify that he has the right to access your property for certain reasons, although it usually only covers repairs (that’s what mine state)

If it’s not covered, then he has some rights but again, they’re confined to the repair of his property. Not to build an extension.

www.problemneighbours.co.uk/rights-under-access-to-neighbouring-land-act.html

Original poster
BigPaperBag · 27/03/2021 22:00

What about if I suggest what the patio isn’t available between X date and Y date?

OP posts:
VanGoghsDog · 27/03/2021 22:01

My neighbors asked me two weeks ago, I said it was fine and they said they'd let me know the date, which they didn't. I just came down one morning and it was there and they had moved my bin into the middie of my drive (there were at least three other sensible places they could have politely moved it).

So I was a bit miffed.

More though, I asked them weeks ago if they were going to be serving a party wall notice and they said no, they weren't working on the party wall. But it's clear they are.
I've looked into the law on this and I have to say, the party wall agreement seems entirely pointless!

Some plaster has come off my wall inside so I'm going to tell them they have to pay for that to be made good. If they had a party wall agreement I might not have been able to do that. They would be able to use the agreement to show if they had not done work in that area. As it is, I've no idea if they've done in that area. What I do know is that they drill, hammer, saw and grind all day and some plaster has fallen off my wall.

Oversize · 27/03/2021 22:04

That would be a big no from me.
If he wants to use your patio he needs to ASK.
Then he needs to agree a time that's convenient for you, which wouldn't include the summer, surely.
Then you need a clear party wall agreement. There needs to be a defined date and you need to specify that you want your patio and boundary wall/fence/plants left exactly as they found them. Lots of photos. Any access issues need to be sorted out well in advance.

IndecentFeminist · 27/03/2021 22:04

Just say no if you don't want to. They'll have to figure something else out.

But do consider looking into the party wall agreement.

Lollypop4 · 27/03/2021 22:05

Simply " No, it does'nt work for me'.
Repeat.Repeat. Repeat.
I would'nt allow it all.

userxx · 27/03/2021 22:05

Not a chance, especially on a new patio.

Oversize · 27/03/2021 22:06

Don't go suggesting anything. Tell him. Clearly. And specify that the scaffolding is removed within 24 hours of the work being finished. Some cheeky fuckers leave it up and use customers' property as free storage till the next job.

Easterbunnygettingready · 27/03/2021 22:07

It's just plain old no. No reasons or excuses. It's just a no.... Keep your gates locked.. Get some cctv put up. Even temporary.. Its no no no. And bloody mean it.

Midlifelady · 27/03/2021 22:07

He doesn't need to come through your house, they can put the scaffolding through his house then put it over the wall.
Nevertheless he needs to get permission from you, and you can of course refuse. It is likely that his builders will figure out how to do it another way, but you will risk bad feelings between you amd your neighbour.
He has gone about this without much thought to the consequences himself.

PaterPower · 27/03/2021 22:08

@BigPaperBag

What about if I suggest what the patio isn’t available between X date and Y date?
Just say no. Why would you want to allow it?

There’s literally nothing in it for you; it’s going to be a major PITA with no financial or other incentive for you. It’ll ruin your summer, particularly important this year as we won’t be allowed to go abroad, and he’s been a cheeky fucker by demanding access (it might be that HE doesn’t understand the rules either, but that’s his tough shit).

Gingernaut · 27/03/2021 22:09

He absolutely needs a party wall agreement!

Does he have planning permission? A builder? An architect?

Has no one explained how this works?

MaryMashedThem · 27/03/2021 22:09

He doesn’t want to get a party wall agreement as it will be ‘costly’

Party wall agreement is part and parcel of the extension. If he can't afford an extension he shouldn't be getting one.

AbbieLexie · 27/03/2021 22:09

Just say no.
Does the neighbour have or need permission for the building works?

Easterbunnygettingready · 27/03/2021 22:10

He has no rights whatsoever... Give an inch he will take a mile...

AndAPartridgeInABearTree · 27/03/2021 22:13

If it's during the summer and the scaffolding might damage your patio I would say:

I want to be able to use my patio in the summer.
I only had my patio done 18 months ago and I don't want to risk it being damaged.

And you definitely need a party wall agreement!

Tickly · 27/03/2021 22:14

He can in fact do all the party wall stuff himself - we did for ours but then we also spoke to our neighbour, discussed it and got their buy in so there was no risk of a dispute. Info here www.gov.uk/party-walls-building-works

You can absolutely put terms about when he uses your patio and if you don't want it over summer then that's up to you.

Barneybear11 · 27/03/2021 22:14

We’ve just had this with a neighbour. Your neighbour should have a party wall agreement. Our neighbour was happy to oblige without one. We were advised to take some pictures of neighbours property incase of damage etc which of course we would have put right.

Gooseysgirl · 27/03/2021 22:15

Absolutely no way would I let our semi-d neighbours (who are utter bastards anyway) put scaffolding on our land. Tough shit. Their problem not yours.

PepeSilviaDoesNotExist · 27/03/2021 22:15

Just say no. Don’t even entertain it.

Cherrysoup · 27/03/2021 22:16

Tell him he DOES need a party wall agreement and that you will not allow this over the summer. This will ruin your time in your own garden, workmen constantly present in your garden. And yes, he needs to ask, not tell! Cf!