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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:
AcornAutumn · 27/03/2021 22:16

@AbbieLexie

Just say no. Does the neighbour have or need permission for the building works?
This is what I'm thinking

If he has/gets planning permission then he has to find a way to do the work without leaving stuff on your patio/land.

GirlofInkandStars · 27/03/2021 22:17

I don’t think he has a choice about the party wall? He is legally required to employ a party wall surveyor to sort such matters- you can then get your own ( at his expense) if you don’t want to use his.

This has all been made clear to us by both architects and builders for our similar project. (We are the ones building)

billy1966 · 27/03/2021 22:17

@LadyMacbethWasMisunderstood

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.
This.

The absolute cheek of him.
During the summer too.

He must be thick as shit to think he can do that without politely requesting would you mind.

House insurance would need to be informed.
What would happen if they accidentally damaged your property?

I would be very careful with someone so entitled and thick.

Speaking to your house insurance would be a good idea.

What a plonker.😁

Sexnotgender · 27/03/2021 22:19

He’s a cheeky fucker! We agreed to our neighbours putting scaffolding on our property to get their roof fixed because they asked nicely. If they’d told us it would have been a no.

DarkMatterA2Z · 27/03/2021 22:21

Just say no. Explain that it's a new patio and there's no way in hell you're going to risk it being damaged by his scaffolding.

VanGoghsDog · 27/03/2021 22:23

@GirlofInkandStars

I don’t think he has a choice about the party wall? He is legally required to employ a party wall surveyor to sort such matters- you can then get your own ( at his expense) if you don’t want to use his.

This has all been made clear to us by both architects and builders for our similar project. (We are the ones building)

Yes, in theory. But there are no penalties or sanctions if people don't do it. Totally toothless and pointless law
user1481840227 · 27/03/2021 22:24

If you use your patio then giving it up for 6 weeks is a lot.

Also there needs to be a clear agreement about what happens if there is any damage?
I would also be concerned about home insurance if anything happened on your property.

DarkMatterA2Z · 27/03/2021 22:24

Oh, and if you do agree in the end, I'd say not till October and specify a penalty of £50 per day for every day the scaffolding is on your property over the agreed time period.

mumsiedarlingrevolta · 27/03/2021 22:26

OMG @BigPaperBag you need to take legal advice ASAP

They have absolutely no right to put scaffolding on your patio

use the mumsnet classic "No is a complete sentence"

Do not get bulldozed into doing anything because you don't want to make a fuss

loveyouradvice · 27/03/2021 22:27

You need a party wall agreement to protect you - otherwise if he damages anything masses of problems....

Parkerwhereareyou · 27/03/2021 22:27

Um, he's an idiot (putting it mildly). And what kind of an extension is he having that needs scaffolding for six weeks?!!

Option a: being nice. Tell him he can have access for max. 2 weeks for foundations, wall building and any edge finishing round roof. All the rest can be done from the top/rear.

Option b: your legal right, should you choose to exercise it. If he's building on the boundary, and for any construction up to 3m from your boundary, you can refuse him entry and request a party wall agreement. This will take a few weeks to set up. He will have to pay for it all, including the same or a separate surveyor of your choice. The purpose will be to check the foundations don't undermine your side of the boundary, no damage to your property, and that eg correct working hours are maintained, permission is sought for coming on your side and they only come on if you agree, etc. It would delay his project easily by 4-6 weeks, cost him about £1500 or more, and royally fuck him off, no doubt.

So as he's your neighbour, I'd aim for option a, but strengthen that request with a glancing reference to option b.

Eg, 'Ah just been thinking about what you said ... TBH it will be a bit much having your builders and the scaffolding here for 6 weeks, so I think 2 or so should be ok? I don't want to go down the route of insisting on a party wall agreement, as I know that would hold you up and cost you thousands, so can we agree that they'll have access to build the wall and finish edge of the roof/guttering if necessary, but it really shouldn't have scaffold up for 6 weeks? Also I need to make sure my patio isn't damaged at all.

He's going to be cross if you disagree in any way, but just telling you he's putting it up is bullish - he thinks you don't know about your party wall rights, and will be scared of him.

whatsleep · 27/03/2021 22:29

A definite no over the Sumer months, especially in the current climate.
You might only be able to have family and friends to visit in your garden for some time to come. This wouldn’t be much fun if you were trying to work around scaffolding and builders. Social distancing would be impossible too!

MatildaTheCat · 27/03/2021 22:30

If you don’t want it just say no. Specifying dates and penalties is absolutely pointless unless you have a contract and are willing to take them to court to enforce it.

I would insist on the party wall agreement even is it is pointless because if you come to sell it will probably raise issues.

Time to grow a backbone and say no. Long and hard winter, don’t fancy a summer of entertaining your builders, thanks.

billy1966 · 27/03/2021 22:31

Some, and I mean some builders are absolutely CF's when given access.

They stomp through a garden, leave their shit and rubble everywhere and could give a damn about it.
Its just a building site to them.

When you give access to your property you are at their mercy.

Think of all the materials that they will be using.

If your neighbour is so ignorant as to think he can tell you about your property, do you think he is going to care about any damage that may be done.

I would be very, very wary.Flowers

tobedtoMNandfart · 27/03/2021 22:32

You need legal advice ASAP. Return to your conveyancer or maybe legal advice is available via you home insurers?

MatildaTheCat · 27/03/2021 22:34

I would also add that scaffolding companies seem to beat to their own tune which means they remove their scaffolding at the last possible time so they can minimise any storage. The neighbour will have literally no control over this whatever he may say.

So six weeks could easily be more.

BirdsDoIt · 27/03/2021 22:34

Also if they do put scaffolding down, make sure the stonework of your patio is protected. We still have some rust marks on our patio from where it was in contact with scaffolding poles for 8 weeks during loft conversion. So annoying and so easily avoidable!

PuzzledObserver · 27/03/2021 22:35

Does your house insurance come with legal advice? A quick call to them would clarify what rights you have and what would be reasonable steps to safeguard your position.

Jonnywishbone · 27/03/2021 22:35

He doesn't have any choice about a party wall agreement. You can insist and he has to pay the costs of the agreement, he even has to pay for the person who advises you on the agreement.

You need to get one for your own protection. You should ask him about what insurance he is getting. Check he has consulted with building control too before he starts any foundations - you can ring building control and ask if you want, again he has to pay.

Howshouldibehave · 27/03/2021 22:36

Blimey-didn’t you say anything?!

I’d go round there in the morning and say he caught you off guard and that won’t be possible-you’re using your patio all summer!

jessstan2 · 27/03/2021 22:37

I think in his place I would have asked my neighbour if they minded their patio being used in this way for a while and reassure them all mess would be cleared up afterwards. Coming in and announcement that they will be doing it is not courteous.

DarkMatterA2Z · 27/03/2021 22:37

Yes, he could easily tell you it's going to be 2 weeks and then it ends up being 3 months. And there's nothing you can do about it without a contract.

DifficultBloodyWoman · 27/03/2021 22:37

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.

SkiingIsHeaven · 27/03/2021 22:39

If they are affecting the party wall or digging within 3m of your foundations they need to get the party wall agreement in place.

It is for both of your protection so you record your property conditions with date stamped photos of everything. Then if any new cracks appear then you have a record of what was there before.

Stops any future arguments.

Your neighbour has to pay for it and it is tough luck if it costs him. It is a legal requirement to protect you so make sure you insist on it.

Good luck.

StoneofDestiny · 27/03/2021 22:39

The absolute cheek of him. During the summer too. He must be thick as shit to think he can do that without politely requesting would you mind.House insurance would need to be informed.What would happen if they accidentally damaged your property?I would be very careful with someone so entitled and thick.Speaking to your house insurance would be a good idea

I agree with this.
But out of curiosity - what part of the build do they need access to your land for?

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