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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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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:

Elletine · 28/03/2021 07:42

Say no! And INSIST on a party wall agreement. We had a loft conversion recently and our neighbours stood firm that they wanted a PWA - it was annoying and expensive but they were entirely within their rights and I’m glad we did it in the end as it protected us all and kept good relations. Push for one OP, don’t let him bully you out of it!!!

RainingBatsAndFrogs · 28/03/2021 07:46

@Elletine

I’ve sold a house with a loft conversion done by previous owners.

Our buyers solicitor was really insistent that we produce the party wall agreement, which we couldn’t. We had to pay for an indemnity insurance for the buyers.

Weebitawks · 28/03/2021 07:47

Like you I just had my patio done last year. I wouldn't be fucking happy with someone announcing there's going to be scaffolding on it for 6 weeks of summer.

Tbh my whole attitude to it might have been different it he'd had politely asked you with a bottle of wine.

candlemasbells · 28/03/2021 07:47

Legally you need a party wall agreement. You don’t need a surveyor. You can print the agreement off the Internet and sign them. That’s what my neighbour and I didn’t. Twice. Once for the work on his house and once for the work on mine.
We so get on very very well though

Brazilianut · 28/03/2021 07:48

Doing this over summer after the year we’ve had seems selfish. I’d say start in September/October with relevant paperwork and enjoy your garden over summer - he seems pushy so just push back.

OverTheRainbow88 · 28/03/2021 07:49

You need a party wall agreement.

And he can’t just tell you he’s putting a scaffolding on your patio.

PandaFluff · 28/03/2021 07:53

I would be so annoyed that they'd told me instead of asked. It's like they knew you might not be happy with it so tried to make it seem a done deal.

lovemakespeace · 28/03/2021 08:03

Definitely ask for a party wall surveyor to monitor the work. Speak to them and if it's a good one (YOU are allowed to specify who you want to use and they have to pay), they will advise you on your rights and also provide a safeguard against damage to the patio. But of course you can say no if you prefer. But definitely get a surveyor. It might be costly FOR YOUR NEIGHBOUR. Won't cost you a penny. Extensions are costly and this is just something you have to factor in.

Felifox · 28/03/2021 08:07

My dsis called building control to stop the loft extension next door as they didn't have a party wall agreement or had even discussed it with her. They were lowering the ceiling to add height so adding joists etc. Her building insurance company employed a surveyor to check it out, which the neighbours had to pay for. If you're mid terrace you might need 3 surveyors.

There would be a flat no from me regarding putting scaffolding up on the patio, also what are they going to do about building dust over your property. My dsis was looking after another ndn's cat and realised the builders next door had dropped cement all over the roof of the kitchen extension and the very expensive roof light. This happened during a weekend with builders working 7 days late at night. The council received complaints about unsocial hours

Oilyoilyoilgob · 28/03/2021 08:09

@TryingAgain16 aww that made me smile 😊

MGMidget · 28/03/2021 08:13

I have had this request type of request from a neighbour before so looked into it and a party wall surveyor also advised us. Neighbours can put scaffold on neighbouring land for essential maintenance but new work requires agreement (and you can negotiate a price to give a scaffold licence). The only possible exception is under the party wall act if they are doing work to a party wall the requires scaffold. However, even if that is relevant they would only be able to get permission in a party wall award that is limited to the time needed for the party wall work limited to covering the area required for that work. Also it would only be given if there is no alternative ( ie there may be a more expensive or complicated alternative on their own land in which case they can force you to have scaffolding on your lsnd).

In practice that means that a lot of work connected to an extension won’t be work for which you can be forced to have scaffold on your land (or not for the whole time they need it there) and they will need to agree a license with you or find another way of doing it.

If they appoint a party wall surveyor I would be wary of appointing their choice of surveyor as your joint surveyor if they are going to try and use a party wall award to force scaffolding on you. Party wall surveyors are supposed to be neutral but ethical standards can vary dramatically and the neighbour will have chosen them and agreed terms including payment with them.

olympicsrock · 28/03/2021 08:14

I echo what others have said. You do not have to agree.

I remember being a 28 year old new home owner. A burly builder who had just bought the house next door banged on my door and TOLD me that they would be putting scaffolding over 1/3 of my garden for the summer to renovate the property. I replied : and what happens if I said no? He replied we would do it any way as we are allowed to make essential repairs.
He was quite surprised to have a solicitors letter a few days later clarifying that I did not give permission and would not until a legal agreement had been reached.
I agreed that they could start in September, must not block my drive with their vehicles, must make good any damage to my garden, would have to pay to rent my land after a certain date if scafolding not removed, would not use loud machinery on 8 dates when I was working nights, builders would be polite to me, would not work on a Sunday etc.
He was hopping mad but I did not give way and he was forced to agree to avoid a more expensive option.
I am so glad that we had this agreement in place. It saved my sanity.

fabricstash · 28/03/2021 08:14

To do a party wall agreement is free if you both agree- see government website. Also you need to agree condition of your patio /photographic evidence in case something gets damaged. To be fair you can build overhand from their side without scaffolding (common on building tightly butting up) but it is a pain and slower amd doesn’t look great on your side

SpilltheTea · 28/03/2021 08:15

I'd tell them no until after summer.

Bluesloth · 28/03/2021 08:16

I live in a council house, my neighbours own theirs. When they were thinking about an extension I got a letter from the planning department asking if I had an objections (I didn’t). Scaffolding poles went into my front garden but my neighbours asked off it was ok (it was). On completion they gave me a big tub of chocolates for the inconvenience. I think my neighbours went about it the right way. Your neighbour is definitely being a CF telling you he’s using your patio space.

MGMidget · 28/03/2021 08:17

Sorry, important typo at end of first paragraph! There may be a more expensive alternative possible on their own land in which case they can’t force you to have scaffolding on your land!

DartmoorDoughnut · 28/03/2021 08:19

Definitely 100% just say NO to the scaffolding and get a PWA. This is not your problem or to your/your property’s benefit

2me2u2u2me · 28/03/2021 08:19

@BigPaperBag

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

Omg, I can’t even believe you’re considering letting him use it, it would be a no from me, especially as he “told” you he was doing it and didn’t ask.

My OH let his neighbour (mate) have use of his garden to build their extension and said they’d rectify any issues at the end, they ruined his front and back garden and fencing, it took months and numerous letters with council to get him to put it right and still wasn’t how it should have been. They had a massive fall out and never spoke again.

Definitely seriously think about this OP.

Tara336 · 28/03/2021 08:19

One of my neighbours was putting up an extension, I came home from work to find the scaffolding company had entered my garden and put the scaffolding up on my side path! They had been in my back garden to do it! I was furious went and spoke to the neighbour who denied all knowledge despite being home all day! I told them they better get it out of my garden pronto, they didn’t apologise or explain why they thought it was ok to do that! That was the final straw in our neighbourly relationship.

FluffiesWuffy · 28/03/2021 08:20

To be honest @BigPaperBag it 100% depends on the deeds. We have right of access to do repairs and works together our house via our neighbours and they ours.

rwalker · 28/03/2021 08:20

You can refuse we had this very long story offered everything (it was going on very old path damaged and in poor condition offered to photo pay deposit incase damage in writing )but neighbour just being spiteful to stop extension
Built from our side and now neighbour has view off unfinished block wall to look at and nothing the can do to screen it .

thinkingaboutLangCleg · 28/03/2021 08:27

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’

What a cheek! Did you say you’d be using their kitchen next week as you’re having yours redecorated?

Seriously - if people had the sense to be a bit polite, and ask if you’d mind, half these neighbour problems wouldn’t arise.

Check that he has planning permission for the extension and a party wall agreement, and take photos before and during the work. He sounds like a CF who will take as much advantage as possible.

thinkingaboutLangCleg · 28/03/2021 08:28

And have a look at gardenlaw.co.uk, a forum that gives a lot of information about boundaries.

riddles26 · 28/03/2021 08:29

Do not agree to a thing without a party wall agreement and if he attempts to start without one, report him and he will be forced to stop until it is in place.

He needs to serve you notice and then allow 8 weeks for you to agree or disagree.

If no agreement, there is no official cover for any damage resulting from the work and it would mean going through the courts. PWA protects you both. The PWA will also state what is reasonable access for scaffolding and how long it can stay on your property for - essentially if work can be achieved without touching your property then it will not be reasonable to put it on your property.

As many others have said, if he can't afford to have one, he can't afford the project

84wood · 28/03/2021 08:29

We are about to do building work. Despite being very friendly our neighbour simply said no. Tried to stop us at planning permission stage but failed. So we had to get a party wall agreement. £3500 later everything is agreed about access and scaffolding etc. So I’d suggest you write a very nice (but formal) letter saying that for access to your property they’ll need a party wall agreement and you’ll be appointing your own surveyor. The reason I don’t think you should di this informally is because you’ve spent a lot of money on a new patio and you need that protected. Neighbour was also very rude to demand access saying he’ll be using the land when he has rights but not like that. I suspect he’s the type not to make good if he damages your property. Hope this helps.

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