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.

Get it all in writing and get a witness to countersign it. Would be enough for smalls claim court if they don’t stick to it.

I’d just let them. But tell them you don’t want it during school hols as kids will be restricted in garden. I feel its quite petty saying no and one day you might need to ask them a favour.

Permitted development so its single story
your working yourself up into a larther over this
I’ve been both the person building and the neighbour never once did it cross my mind to be awkward for the sake of it
very doubtful if not impossible they could do it from above they’d be in The airspace of your garden so it would cone across as nothing more than being obstructive
your clearly pissed off they built it in the first place but that’s life
if your worried about light a grey unfinished wall will be a lot duller than a rendered one

my friend had a similar access issue and neighbour was extremely awkward
and wouldn’t let them

and they spray painted graffiti from above and that’s now the view for the neighbour from there kitchen

As you have reason not to trust your neighbours I would at the very least set out your conditions on paper and ask them to sign it. Tell them you dont rely on verbal agreements and you want to keep things in writing for the good of both parties. If they refuse then it indicates they have no intention of compensating you for any damage or inconvenience. You then have good reason to refuse. If they apply to a court you can show that you were willing to negotiate which is what courts like to see.

@Amberlynnswashcloth they probably didn't need any planning consent for the extension if it is under 3m.
However, in most cases a party wall award would be needed if they're building within 3m of your or a shared boundary. They would have to involve you with that and issues like access would be included.
Suggest you ask them about it and say that is needed before you can consider any access.
That will at least stall building work.
The down side of refusing access (which you are entitled to do) is that you will probably be left with a poorly finished/ugly wall on your side. You can always plant or trellis to conceal but needs to be considered.

This is it. And if the fence becomes damaged or uneven it would look awful from our side but not theirs if this makes sense because they don't see it (I don't want to bore you all with an essay and diagrams explaining).

This is helpful - thank you!

No prizes for guessing that I bloody hate my neighbours. They were trespassing on my property within a week of my moving in. Long story. I would not pee in their ear if their brains were on fire - to use a good old Lverpool expression.

It's the presumption of access to my space and lack of consideration that I have the gripe with in the context of past incidents.

The fence thing is why I’d let them have access. Otherwise the fence will be pushed / bowed to allow them to do the render with zero space. And it’s you who suffers by looking at a listing fence all day.

I’d put it all in writing in terms of what work will be done to provide access and how it will be made good. At their cost, of course.

@Amberlynnswashcloth Do you mean they've built the extension close to the boundary fence, rather than requesting that the fence was removed so they could build along the boundary line? If that's the case, do they plan to put the fence back in the same state after the rendering is completed?

My neighbour had a kitchen extension built a few years ago very close to my fence. I allowed the builders to remove (and replace) a fence panel and told them I didn't mind them having access as long as there was no damage or mess and providing the render looked as neat and finished as it would on the other sides. They worked very quickly and there was no mess.

Much better looking at a finished wall than bare breeze block and the extension gives me some privacy when I'm sitting on my patio.

I got on well with my neighbour but in your case OP, it's a good idea to put conditions in writing and ask neighbour and builder to sign.

We had the same with some feral neighbours and as they’d previously shown complete contempt for us and our property we did say no. They used a technique called overhand to build it. It did sour already strained relations though. Thankfully I have a lovely neighbour who lives there now and I’m happy to allow them access when they’ve needed to maintain things, but the previous owners, not a chance.

It's interesting the amount of people on here highlighting that you are being unreasonable when it was wholly in the neighbours hands to come and discuss this at the planning stage. That would have protected good neighbourly relations. Alternatively, they could build it in brick and not inconvenience their neighbour at all.

what does the party wall agreement say?

The reasons for allowing it:
The wall you are looking at will look nicer.
Their extension will be better protected from weathering and therefore less chance of needing essential repairs in future.
Maintains neighbourly relations - you might need a favour from them in future.
The work shouldn't take long.

I would suggest that you draw up a licence agreement with the neighbour (or the contractor though I'd suggest the neighbour is better as contractor might just vanish) whereby they pay a weekly fee for access for the neighbour's contractor for each week the work is ongoing/incomplete. I'd suggest £200 per week which is what the local authority charges developers as a licence fee, for example, for scaffolding that goes over a public pavement.

Make it a term of the licence that the fence and items have to be put back into place and any damage made good at their cost.

It means there is an incentive for both neighbour and contractor to complete the works timeously and with good care.

If the licence is breached you have documentary evidence to show the small claims court if necessary, to seek specific performance and payment of any outstanding fees.

(I'm a solicitor BTW though you shouldn't need a solicitor to draw up the licence agreement. There are templates on the internet.)

I would say no unless you have a watertight legal agreement in place.

a good friend of mine agreed to something similar. 4 years on she is still waiting for the fence to be reinstated and the plants she had to dig up and put in pots temporarily have all died.

The extension is being built within millimeters of the boundary fence but they have not needed to cross the boundary at all to construct it. All done from their side until now. They now want to take the fence down and come to my garden to render it.

They may well need a party wall agreement @Amberlynnswashcloth

I would let them, it isn't going to take ages, so isn't going to ruin your kids childhood for long! Maybe suggest dates when it would be convenient to be done. However, i would ensure you take photos of how it looks your side now and get it in writing that they will leave it as they found it and need to pay for any damages.

I think this is a good suggestion. Wait until Autumn/Winter months and maybe use a returnable deposit to ensure everything is put back the way it was?

Aside from any party wall agreement, I would insist on certain dates only. None of this 'when we feel like it' or wide time windows. So you can plan accordingly, and in a way you are helping them get some reliability from the builders.

There isn't one. Just a building warrent. No planning permissions needed as it's within permitted development.

Ah, got you. I would only agree if they and their builders put it in writing that they will make good the fence afterwards and that any damage to plants etc will be covered in full. They must also do it on a day and to a timescale that suits you.

If they baulk at that, they don't get to do it.

a party wall agreement is needed if building work is on or near the boundary.
you need one.