To deny neighbour access to render extension?

[Amberlynnswashcloth]

Semi detached neighbours are building extension within millimeters of the shared fence allowing no access from their own property for maintenance. Predictibly, they now want access to my garden to render the outside and to do this they would need to remove the fence and everything near the fence like my seating area, storage box, potted plants etc. I don't want to agree to this. There's the inconvenience of not being able to use our garden, DCs wont be able to play outside and I'd have to keep the dog in. My main issue is that the layout of the houses means the wall is literally right outside my kitchen/livingroom window which feels really close and intrusive and when people are working on it they are literally looking right at me sitting in my house. I don't want workman coming any closer into our space - we are trying to enjoy the nice weather and it's been quite disruptive as it is.

Anyone had experience with this? Its really stressing me out as I don't like to be deliberately obstructive but I strongly don't want to agree to this and feel it's not my problem to solve. I accept that refusal might mean forever looking at an ugly wall but I plan to grow something climbing to mask it.

They are waiting for an answer.

AIBU to say 'no'?

Edited to add that they don't want access right now - just at some point.

Deleted after reading entire thread

I would get legal advice now - otherwise you may find it difficult to sell your house in the future. And the question I'd ask my solicitor is 'have they broken any regulations which will make it difficult for me to sell the house in future'. To be honest I can see lots of issues here and you may need to get them to alter their extension to make it smaller.

Get compensated . I had a neighbor access my property around 10 years ago it took 2 months for the same and then ages to remove everything. I was compensated £2000 for the disruption and a further £1000 for delays in removing scaffolding. Get a contract drawn . It was still disruptive as hell but at least I could take the kids out a few times . I won’t lie , I’m not sure I would allow it again , not for the same amount

I think you have to unfortunately.

This.

I fear we are all talking into the ether. The OP is not listening

A Party Wall Agreement is needed. It doesn’t matter that they haven’t crossed your boundary to build. If the permitted development is digging foundations within 3 metres of your boundary, they need an agreement. This has to be submitted 2 months before construction begins and you have 14 days to submit objections. This process is in place for this very reason. You could have asked how they plan to maintain it, at which point you could have objected.

I would not agree to anything until they have paid for a PWA, then around that, you can dictate your terms. You do not have to allow anyone on you property but if you agree you need some very clear terms around remediation, should anything be damaged.

personally, I would engage with a solicitor as they appear to not have followed the correct process.

OP - are you in Scotland? You mention a building warrant is in place which suggests you might be. If so there is no Party Wall Act or Agreement, as this only relates to England. (Not sure about Wales and N Ireland).

I’d arrange it for a time that’s the least inconvenient to you, get it agreed that they will return everything to the exact state it was before and clear up ALL mess, and that it will take no longer than x days
Not sure how you hold them to this but maybe ask for legal advice cos my main concerns would be around a big mess and the work overrunning considerably so that I couldn’t use the space for weeks

Get it all in writing that they are moving your stuff and putting it back exactly the same. If not, they pay for damage. Have 'before' photos and rear camera pointed at the area. Do it only at a time that suits you. It will look neater for you if it's rendered. It's no accident they didn't mention it, they are not nice neighbours. My semi detached neighbours have an extension mm from my boundary too, it blocks light into my dining room. The wall is ugly and I can't grow anything there as never any sun on it.

My neighbours took down my fence and drove over my driveway with their digger, without saying a word to me! 🤬
The builder seemed to think that this was acceptable.
Their promise of fixing the fence never happened.
Several years later, it’s hanging on by a thread.
It’s MY fence btw.

From experience .... building that close to the boundary, they should have had a party wall agreement in place before any work started (too late to enforce now). The builders would have known this.

Our neighbours wanted to take the fence down so they could render paint the wall. They then went back on their word to replace the fence saying it was rotten anyway and we would need to replace. They also left a trail on render and paint on the patio and raised borders.

If scaffolding is required, get a timeframe in writing and add a reasonable time for delays. State that if scaffolding is still in place after agreed date, there will be a charge of £x per day / week until removed. Otherwise the scaffolders will leave standing for as long as they can get away with as they are not paying for storage.

Does their guttering overhang the boundary? If so they will need to ask you very nicely for an easement in writing (you do not have to agree) otherwise there will be issues when either of you come to sell. If you are not happy with the overhang, then you request that the work is redone ensuring the guttering does not overhang the boundary.

If you agree to any work being done and fences being taken down, take photos of the area affected and put it in writing that you expect your side to be returned to exactly how it was before (no paint/render on any surface and any borders/grass returned to original state). If there are dates that they cannot work (if you've something on or people visiting, put this in writing along with times they can work.

Where solicitors become involved, it gets expensive. Check your household insurance policy as that may include legal aid (if you need to go down that route or get an official letter sent).

A lot of this could have been avoided if your neighbours had popped in for a chat with a cake or bottle of wine to let them know what's happening.

Are they unreasonable requesting intrusive access? They should have considered this before the project got so far

I’m late to the conversation but, my neighbour built an extension to within inches of the boundary wall. They did use a nice brick but because it’s so close the finish is atrocious. If they ask again and you agree to let them do it, be sure to insist it’s finished to an acceptable standard. What I look at is very messy and I wonder if they have problems in the future as a result of it not being finished correctly.

I would allow them to do it but at a time and date that suits you with a definite time line and everything needs to be moved by them and put back exactly where it was in the same or better condition than it was
You need to be compensated somehow eg perhaps they’d pay for dog daycare for your dog for the days it’s being done ?

Probably never considered it a problem and the neighbour wouldn’t have an issue
I’ve been on both sides of this and never had any problem
builders were literally there for a few hours then sand again to finish
wouldn’t even occur to me to object

Don't normally post and haven't read the whole thread but they should have got a party wall agreement. I'd be speaking to my solicitor.

We did an extension a few years ago. Had a few minor things with the party wall act that were rectified. Our neighbours let us render the wall and we painted it for them as they were not happy looking at a brown rendered wall but happier with a white rendered one. We obviously needed access and we all compromised and no one fell out over things.

this is just part and parcel of living with neighbours esp in terraced or semi detached houses. People do work that affect us. But at the end of the day it all swings in roundabouts and is not worth falling out over.

Did you not object at the planning stage? When our neighbour planned a similar extension I objected on the grounds that they would need access to my property in order to build it and maintain it and that I wasnt prepared to give that permission. However I did state that I had no objection to them building an extention which was in line with our existing extention ( provided proper arrangements were made to ensure no damage was done to our roof and both could be maintained independently) or if it was not on the boundary line. The extention did not go ahead.

I was presuming you had a party wall agreement to protect damage to your side of the shared boundary in the event of damage. This is very separate to planning permission. To my understanding if upu are doing structural work on a building you need this with the people you share a wall with. It’s really to protect you both. I am surprised you don’t have this.

Don't agree and don't trust them to make good any disruption or damage they cause to your family and property. They are playing you. Their decision to build so close to your home. Their problem to solve. Not your problem. Don't agree

When you say it is within millimetres of your fence, how many millimetres? Only a PP stated that render needed to be 15mm thick. No idea if this is accurate but, is there a possibility that once the render is in place then the fence won't go back properly because the render has taken the wall over where the fence should fit.

I would tell them you would allow the work to go ahead. But only on your terms.

Get a letter or short contract drawn up by your Solicitor with the main facts. Example when the work can place date times etc. Noise etc.

Also if they cause any damage to your property. Insurance etc. May also be a place for compensation for your loss of access to your garden. See it you charge them for seeing the Solicitor as well.

It could all end up very messy...
https://www.channel5.com/show/the-feud

If it blocks light then you can take it to court. There have been many MANY cases where parties building without consideration to their neighbours right to light have had instructions to take their developments down down. Their mortgage provider and insurer will be VERY interested that they don’t have agreement to block light. You also don’t have a party wall agreement which they also need to dig that close to your foundations. Those are not excluded just because it’s permitted development (it’s not permission to be a nightmare!!) Seek legal advice immediately. You do not want to be seen to be consenting to this, particularly when digging foundations to close to your own house could cause damage if done badly - you need proper consultation on this. You have grounds to sue.