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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:
Cornishclio · 29/03/2021 23:27

He needs to ask not just assume. Our neighbours built an extension and we had scaffolding along our passage way for a few months but they asked and got us a gift afterwards. It would have seemed unkind to refuse it as the people who owned our house before us did a similar extension and put scaffolding up in our neighbours garden. You can refuse.

Localocal · 29/03/2021 23:44

You definitely need a party wall agreement, and I would say no to scaffolding on the patio. It will certainly be intrusive and likely damage your patio, and who knows how long it will be up. Plus access through the house, plus it will put anyone on the scaffold very close to your windows. This is not a reasonable thing to ask and you are well within your rights to say no.

MontanaDuke · 30/03/2021 00:07

Don’t do it ! And don’t let your neighbour bully you into doing it either

UniversalAunt · 30/03/2021 00:51

Bear in mind that if you allow his builders access through the garden for works or putting up scaffolding, it may be very hard to refuse permission for same access for repairs.

Err on the side of self-interest from the outset & refuse permissions to grant access through your garden.

SUBisYodrethwhenLarping · 30/03/2021 05:32

Glad to see your update

Please do not allow access to your garden, patio, driveway for scaffolding --as the Grange Hill saying goes iirc

JUST SAY NO!!!

you are wanting to sell your house in 18 months ish time so if he breaks anything or damages your DH car or your patio

Then you are in dispute with him over costs to pay for damage caused by him or his team the you will have to declare this on the selling details

However, if you just say no in the first place then there is no dispute and even if there was the buyers would probably agree that to let the CF use your garden is not a dispute that they are going to worry about and will hopefully understand

Rather than a dispute caused by him damaging your property and refusing to pay for repair etc etc

SUBisYodrethwhenLarping · 30/03/2021 05:34

Also, when this building starts my tip is to photograph everything and video every afternoon/evening after they have finished so that you see how the foundations are dug, walls built etc

Only from your POV obviously.

MarieDelaere · 30/03/2021 05:47

@milinhas

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 ...
Next door's scaffolders dropped one of their tubes (the massive heavy poles) on another neighbour's car. I think it must have written it off, because we haven't seen it since that day. And dear god, the mess and noise ...

Even experienced scaffolders drop very heavy objects, make a mess and cause damage and some nuisance.

Tell your neighbour to get aluminium towers and to fuck off.

Also, have you checked this neighbour's planning consent? I would. It sounds like a rather big structure to need such a significant amount of scaffolding.

MojAlone · 30/03/2021 06:49

@BigPaperBag - as far as I’m aware, if you tell them you want to instruct a surveyor, they will check through everything that may affect your boundary wall. You could ask them to check this specifically on the plans. Their extension may affect your ability to extend in the future, should you wish to do so. What you’ve noticed on their plans could mean water drains into your property. Our elderly neighbour has extended and their overhang drips over onto our property. This now prevents us from extending backwards. They didn’t seek planning permission/party wall notice, but the work was carried out before we moved in. We can’t easily extend backwards - so are trying to convert our loft space. We are doing everything by the book, and neighbour is making a huge fuss about the party wall agreement - yet they didn’t get one in the past when they should have done!! It’s very annoying!

FJ2010 · 30/03/2021 07:09

A good party wall firm will give you free advice on if you need them or not. Digging new foundations within 3m of your building will affect your building.
A good builder can build from their side, it is a different slightly more awkward way of building a wall but doable. At the end they may ask for a few days to tidy up the wall on your side, which benefits both parties. I'd discuss this with your neighbour. If you engage a Partywall firm, they will do all these discussions on your behalf.

BigPaperBag · 30/03/2021 07:12

This reply has been deleted

Message withdrawn at poster's request.

Original poster
BigPaperBag · 30/03/2021 07:13

That last post was meant for someone else, apologies!

OP posts:
Creativenina · 30/03/2021 08:14

I would not go into disputes with your neighbour as it would cause problems in the future. Make sure everything he arranges is done properly. He needs to have this put in writing what work he is doing and how it will affect your land ie: putting scaffolding etc. He needs to ask your permission and how long the work will take if they are putting scaffolding etc on your patio. Any damages they make they must repair and put back properly.
I think he was a bit cheeky telling you what he is going to do rather than asking you. Just be polite and ask him to put it in writing.

Original poster
BigPaperBag · 30/03/2021 08:41

@Creativenina I genuinely don’t want to get into a dispute as I’m so worried about having to disclose it to future buyers. So far, all I’ve done is request a PW notification to be served and raised an objection with the council. However, it’s clear from my comment that it’s not really an objection, more asking for a clarification. I’ve now found out they can’t do anything. It seems to be fairly civil so far and that’s how I like it.

OP posts:
MaggieFS · 30/03/2021 08:50

@BigPaperBag unless you've already done it, you may find your council allows you to raise a comment rather than an objection, so you can put your points across, asking the planners to take them into consideration, without being as confrontational as formally objecting.

MaggieFS · 30/03/2021 08:52

Sorry, just engaged my brain and it's clear you have done it. It sounds absolutely fine from what you've said though that you aren't objecting to the whole project.

Separately, and apologies if I've missed this, what do your deeds say about who owns the wall?

MissLucyEyelesbarrow · 30/03/2021 08:54

@Creativenina

I would not go into disputes with your neighbour as it would cause problems in the future. Make sure everything he arranges is done properly. He needs to have this put in writing what work he is doing and how it will affect your land ie: putting scaffolding etc. He needs to ask your permission and how long the work will take if they are putting scaffolding etc on your patio. Any damages they make they must repair and put back properly. I think he was a bit cheeky telling you what he is going to do rather than asking you. Just be polite and ask him to put it in writing.
It's not a dispute if the OP says no, and will not need to be declared when they move. It absolutely will be a dispute if things go wrong - as they will because the NDN is a CF and a bully.

The OP wants to sell in 18 months. It doesn't matter if the NDN doesn't like her because she won't let him put the scaffolding in his garden. It will matter very much to the sale if the scaffolding is still there and/or the OP and the NDN are in the midst of a massive bust-up about it.

jillybeanclevertips · 30/03/2021 09:21

Just be a good neighbour, and assist in any way you can. You could try to limit the time it's up. My query is if it's so close to you patio will it be causing a shadow ?

cheeseismydownfall · 30/03/2021 09:29

OP, just to add my experience re. declaring disputes when you sell.

When we bought our house the vendor had ticked the "no disputes to declare box". Once we moved in and got to know the neighbours it transpired that they had actually has disputes with nearly everyone - and I mean proper disputes! One was issue that had to be resolved legally, another was something that ended up with police involvement (the vendors had made a serious - false - allegation about them), one that ended up with the council being involved. And yet they had brazenly brushed all this under the carpet!

We didn't do anything - what could we do? Any kind of legal redress would have been expensive, stressful, and to what end? So we just accepted it.

I'm not advising you to lie (!) but just saying that I'm not sure the dispute question is all that enforceable.

Seeline · 30/03/2021 09:58

I assume if you have written to the Council there is an on-going planning application?

As others have said it is possible to make a planning application on land that you do not own, BUT the proper notice has to be served on the legal owner, and hte applicant has to declare that that process has been undertaken. Therefore if you think that part of the development, no matter how small is shown to be on your land (or over it), your NDN should serve notice on you. Without the planning application is not valid. IT is important that you clarify this situation and inform the Council if this is the case.

The granting of PP does not mean that the development can be built - the applicant will still require your consent (or have purchased the land) to carry out the work.

notdaddycool · 30/03/2021 10:54

Them rebuilding a garden wall to be good enough to build a house wall may save a purchaser some cash in the future if they want to do the same extension - no bad thing. But our neighbors encroached with a big concrete slab for their foundations coming about 6 inches into our garden, and their wall was shit so we lost about a foot as it was badly done and had to build our own wall that started 6 inches into our garden. The foundation problem was partly as two houses at slightly different levels - his was higher. Also if their roof or gutter come across the wall that is a problem for later, ours has a box gutter which is inside my property line. I’d ask him, and tell the builder when they start, to ensure even the gutter and roof do not encroach incase you (or a future purchaser) want to do the equivalent extension in the future.

Original poster
BigPaperBag · 30/03/2021 12:31

So I text NDN and told him that I’d asked for the clarification and he thanked me for letting him know. He hasn’t said anything yet about looking into it himself but I’m like a dog with a bone now, I’m not letting go!

OP posts:
Noshowlomo · 30/03/2021 14:31

Good for you OP

Todaytomorrowyesterday · 30/03/2021 14:37

We need some scaffolding put up due to some roof work needed. The weekend they put it up we where away - I was mortified when we returned that they had to use the neighbours patio as I hadn’t asked for permission! Thankfully the roof work needed was helping both of us due to a leak in the roof so the neighbours where fine. I took over a bottle of wine and chocolate as an apology! The scaffolders had asked before they went into the garden thankfully! I wouldnt ever just assumed that I could put something in my neighbours garden!

Original poster
BigPaperBag · 30/03/2021 14:41

@Noshowlomo

Good for you OP
Thanks 🤩
OP posts:
SeasonFinale · 30/03/2021 14:49

I think if you ever went to sell a buyer would be grateful that you protected the interest in the property (which benefits them too).