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.

Another vote for just say no.
New people bought house next to my Mum, asked could they put scaffolding on her driveway whilst they built extension. It was there almost six months. It meant she couldn’t use garden all that Summer. They left mud, debris all over the place. Additionally various workmen parked over the drive. They agreed not to do something (think, remove rose bushes on border) as she had been so accommodating but as soon as they’d finished work they did it causing huge distress. Just say no!

Neighbours, living in a semi detached, on our road asked their adjoining neighbours for access to their garden when they were building an extension. Their neighbour refused. There was nothing the people building the extension could do other than ask the workmen to carry everything through their sidegate and through their house.

in hindsight the attached house was right as the build went on for about six months. I've no idea what the hold up was but if they were without use of their already small garden for that length of time, they'd have been very upset.

Your neighbour only has a right of access to your property to effect repairs to their EXISTING property. Even then, if you refuse access, they’d have to obtain a Court order to secure access. They have no legal right of access to your property to facilitate building an extension on their house. Personally, I’d tell the CF’s to do one. If, however, you are willing to have their scaffolding on your patio, at the very least I’d want to have sight of the builder’s insurance certificate to ensure any damage to your patio is covered.

There was nothing the people building the extension could do other than ask the workmen to carry everything through their sidegate and through their house.

How would the next door neighbours agreeing to access to their garden have stopped the workmen having to carry things through the side gate/house? Did they have a double garage or something?

Our next door neighbour had loads of work done to their garden recently and wanted to carry all of the trees/bushes/wood/fence panels that they’d cut down through our garage (which is converted into our lovely new utility room with just a single width door-just like in their own house) rather than carry it through their own house. We said no! Their mess so they can have the clean up job!

I think you are within your rights to say no at the mime because of social distancing and enjoyment of your property. If you are at home or working from home l do think l would want the enjoyment of my garden being curtailed.
What if we were to go into full lockdown mid build ? The scaffolding could b3 left standing for months.
Be very careful, get things in writing and be clear that this is your property and his problem.

Why would you even begin to think this is ok? Of course he can’t put scaffolding on your patio! Why would you want him to?!

If you let him go ahead, check that the scaffolders & builders have insurance to cover any potential damage to your patio or house, & be aware that some scaffolders leave the scaffolding on one project until they need it at another location.

I allowed scaffolding to be built in my garden for my nice neighbour to do essential maintenance a couple of years ago but the work was delayed & extended & we lost months of use of that bit of the garden, instead of a few weeks.

Ask for the party wal agreement, scaffolding license and possibly way leave too.

Well, by the sounds of it, you can write off peaceful enjoyment of your garden over the summer.
We had this last year, throughout lockdown. Neighbours to one side (detached) had such a massive extension that they had to move out, so the builders started work at around 6.45 each morning (thinking they weren't disturbing anyone as the owners weren't there), even at weekends.
Then, just as they finished, the neighbours whose garden adjoins ours at the back started their massive extension with one of those tarpaulin roofs. Their builders/scaffolders used to have shouted conversations all day every day from the top of the roof to the end of the garden, plus a tinny radio playing.
Both building works went right throughout that lovely warm weather, when (with Lockdown) pretty much all we were allowed to do was be in our own gardens. It was hell.

I would say no.

They can get a different type of scaffolding, one that goes front and back, over the roof and hangs down or something. It’s more expensive but not your issue.

If you do agree to it then insist on a party wall agreement, he doesn’t get to choose if he has one or not. It’s a legal requirement if you want one he has to pay for it all. Take photos of all your patio slabs.

We had this. Neighbour told us he'd have to put scaffolding into our land for his loft conversion. It set things off on a bad foot immediately; it would have been nice to have been asked and not told!
I was quite strict about getting commitment re dates and scope in writing but of course it dragged on longer than promised. And being summer, very intrusive; people working up there and dropping nails, roof tiles etc. Also meant we could not easily use our bikes as couldn't get them up and down our side alley.
We did it for good neighbourly relations but not sure if I'd be remotely keen to do it again; problem is if you say no to access, you'll end up with a less good finish on your side than if you allow them over to do it properly.

Say no in writing!!!

Erm no, he needs to ASK with the correct paperwork. He is probably trying to cut corners, either or both time and money. If it isn't done properly in writing like suggested above it could lead to all sorts of problems including a ruined patio he won't pay to repair. And if you do agree, take photos beforehand, just in case

I agree with @MixedUpFiles. You need the party walk agreement to protect your property. What if they damage the patio? Your neighbour could just say it was the builder and insist you go after them for repair. No; you need a written agreement on how long it will be up, how much weight will be on the new patio and who will pay for any damage. Plus, no way do you want your patio out of bounds all summer so say that to him too.

And what do you mean access by the back door?

Do you mean gate or are they expecting to come through your house?

My neighours did a side exit which started last September.....the scaffolding only went down last week. Now they’re starting on the back extension. And neighbour the other side starts one next month!

Do not do party wall agreements on the cheap. You are entitled to use your own independent surveyor (that neighbour has to pay for) before agreeing to party wall.

We had this at in our second house with the neighbour (50 year old entitled bloke who always knew what was best). He was spouting off about having planning permission so everything was okay - little did he realise that he had picked on the wrong neighbours. He still did his extension but it was modified and we were like hawks from day one which meant both he and the builders knew where they stood.

Tell him todo want he wants in his own garden an own house but he can't tell you what's happening in yours. No chance would my neighbour be telling me there borrowing my patio.

You do not need to agree. I came home one day to find my neighbours scaffolding half in my garden. It blocked my windows from opening. My neighbour said he didn't know it was going up on my land and that it wouldn't be for long. I agreed to leave it but it went on for almost a year until I said I needed it off my land as I wanted my garden back and to be able to open my window during the hot weather. My patio was left damaged and I had half the contents of their building in my garden. Never again.

Listen to all the advice given here OP. Do not be intimidated by your very rude and entitled neighbour. Losing the use of your back garden for what could turn out to be months in the summer, plus possibly being out of pocket over any damage caused, makes this a very clear no to your neighbours demands.

I might have considered a request for the sake of neighbourly relations, but considering the way he has just informed you what he is doing, he obviously doesn’t care about this, so why should you?

@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 ...

I was going to jump on and say this. When I had work done on my roof the scaffolders were not very careful in taking it down, chucking the metal connectors left right and centre and they cracked some paving and planters. The fact your neighbour is dictating and not willing to go through the correct channels re part wall agreement doesn't bode well.

@StaffRepFeistyClub

Do not do party wall agreements on the cheap. You are entitled to use your own independent surveyor (that neighbour has to pay for) before agreeing to party wall.

We had this at in our second house with the neighbour (50 year old entitled bloke who always knew what was best). He was spouting off about having planning permission so everything was okay - little did he realise that he had picked on the wrong neighbours. He still did his extension but it was modified and we were like hawks from day one which meant both he and the builders knew where they stood.

This. Our lazy entitled neighbour said this very thing to us. He’s got planning permission so everything was ok and nothing else required.

And to be honest we capitulated. One of my biggest regrets.

Do your own research and get legal advice. Else like me you may go through a horrible year of debris and scaffolding on your property, paying for damage they caused and staring at some bastard extension for the next 10 years.

Absolutely not and you need to start taking pictures and writing stuff down now. Write stuff down. Do not chat this out.

Write to him that you have given it some thought and you are unhappy to let him use the patio across the summer. Please could he let you know when he will sort a part wall agreement.

Your patio will likely get scratched, cracked or damaged in some other way. Who pays for that? The neighbor? The builder? The scaffolders? My guess: you.

Scaffolding often stays up for ages after it's been used, it will be there for months.

As others have said, a part wall agreement is standard, the survey isn't necessarily standard but if you request one he has to pay.

I wouldn't agree to this. Do you have anyone who can go round with you to speak to him?

Other people have given good advice on the fact it appears they are not allowed to do this.

I would be aghast. We have had lockdown and then another lockdown, it is now just about the time people are allowed to mix in their gardens, but not indoors. How can you do that with someone using your garden for their building worK? Potentially means you cannot see your family or friends on your own property.

Thankfully it seems that they are not allowed to do this. No way would I allow any tradesperson that is not working for my benefit into my house in a pandemic!!

How rude to tell you people are coming into your property and garden in a pandemic.

I hope you get the correct legal advice and the neighbour has to sort out how to extend their property whilst you having the right to enjoy your property with no interference from others!