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.

Just let them but tell them it must be outside of all school holidays and after summer. Alternatively, if they cant access to render they should have done nice bricks or something else that doesnt need render!!!

Why not ask to choose the colour of the render that you would like to look at?

Being so close I think it should have a party wall agreement. I am also surprised they are allowed to go so close under permitted development.

If you want to be awkward a more effective method would be querying those points with your local council.

you never know what you may need to ask them in the future?
if you refuse you have ugly beize block facing you rather than clean rendering

it doesnt take long one dsy should do it surely

There isn't a PWA. Given that they didn't get one, as far as I can remember (from my own experience), is that having breached that particular law (civil) the neighbours lose the right to access OP's land and are automatically assumed to be responsible for any or all damage to her property.
I would be worried about the foundations tbh, and would want to know the depth of OP's foundations and those of the new wall.
If they were happy to not follow the rules about PWA, I wouldn't trust them to do anything further properly.
When we did our PWA, our neighbours chose the surveyor, took loads of photographs and the builder had to supply copies of the plans and his company insurance policy. We get on well with them, but they were very particular about getting everything done properly to protect all parties.

I would draw up a legal agreement. They have to make everything good..and you are the sole judge of that. They have to pay you 5000 pounds for the trouble and loss of use of your garden while they do the work. The work has to be completed by x date and every day past that date they have to pay you an extra 500 pounds. The 5000 pounds is to be paid up front and then they have to out an additional 5000 pounds into an escrow or third party holder account (managed by the lawyer who draws up the agreement) to only bereturned to them when you are satisfied that everything has been made good. If they havent completed it satisfactorily by x date the money os yours to make it good yourself.

Adjust the amounts to whatever you want so that if you have to completely rebuild the fence from new and buy new plants etc, it will cover it

I would not let them do this and I would guess anyone who is saying to just let the do it has never been in this position themselves.

When building the extension your neighbours could have factored in access etc, they didn’t. They assumed you would be happy with the inconvenience and mess of them using your garden.

If you give access OP and there is damage/mess it could be very difficult to get anything in compensation from the builder, the neighbour would probably say it’s not their problem. You have no guarantee how long they will take either. There is nothing to make them complete it in a set time.

The only way I would do this is with a sum of money up front and a legal agreement citing time frames and the agreement to put right damage. No builders will do this, tells you all you need to know.

You say that the wall has been built "within millimeters of the shared fence".

How thick is the render going to be? Are they going to claim that it's impossible to put the shared fence beck into it's previous position?

I'd be inclined to say no to your neighbours.

If you are refusing because you don’t like the extension, that’s petty. Presumably you could have objected?

on which ground?

But just because it's legal does not mean it's not a shitty thing to build.

Yes, let them, but get a written agreement as to the timespan of the work and that they will replace/repair everything that is damaged, including any trodden plants, re-turfing required where they've knackered the lawn, fully tidying up, etc.

Sadly lots of tradesmen don't give a toss about the damage/incovenience, so you need something in writing beforehand to get them and your neighbours obligated to put things right and do the job as quickly as possible.

As they were the only neighbours not legally notified of the work they didn’t know about it!

Also with it being mm away. How is the guttering / rain run being dealt with.

My thoughts too but we have no diagram,, photo or know how high the wall is, if its brick or blocks, if there are windows or guttering so difficult to offer any advice.

Personally id say no - your fence is unlikely to be re-errected without some damage and why on earth would you give up time in your garden for their ease.

I would because looking at render is probably better than bare bricks.

Get a proper access license, with provisions about damage and reparations drawn up by your solicitor at your neighbour's expense. Charge them a daily fee for the period when their workmen and their workmen's equipment, scaffolding etc is on your property until the work is completely finished, all reparations have been made to your fence and any other damage to your side, and they have cleared off. The daily fee will hopefully focus their minds on sorting it out quickly.

Ah just let them. When it's done it's done and it won't take long.

Some blurb on access licenses and the Access to Neighboring Land Act. (I'm not endorsing the author, just providing information from a simple google search.)

https://harrisonclarke.co.uk/an-introduction-to-access-licence/

I don’t understand why they can’t gain access to the rear of their property through their own house. Surely they realised this would be an issue for everything going forwards. Cleaning out guttering, taking the lawnmower in and out to be serviced, updating childrens toys such as slide, trampoline etc. Builders and building materials can travel through their house inconveniencing them and not you.

Our cheeky neighbour wanted to build their extension wall on our boundary with overhang. Then agreed to a few mm inside then a ft inside, then gave up and decided not to build it no idea why as once it was off our boundary and wouldn’t overhang I wasn’t fussed tbh.

Just started digging out the foundations and knocking down our garden wall, like they where digging our side of the boundary for their foundation. “it not matter when grass and plant go back you won’t see” 🤦🏻‍♀️🤦🏻‍♀️ “no problem see” 😩

Had a rather dumb look on their faces when I then said so I can tunnel all the way under your garden then as long as you can’t see it?? 😉

Cheeky fuckers. There is always a type who will chance it and if you give an inch or Mm will take a mile.

I would consider allowing them to -but I would insist on a legal agreement being drawn up and £££ put into escrow to ensure that you don’t have to fight to pay for repairs to your garden & fence.
No way would l just allow their builders -who won’t give a shit about your privacy/garden - access without a proper agreement especially in light of what you say about their previous behaviour.
I would also want a set timeframe with penalties.

I would say the ‘agreement’ isn’t worth the paper it’s written on. What if they wreck the fence and refuse to fix it? You then have all the legal hassle of taking them to court etc. The builders will blame them, they’ll blame the builders. You have to sue the builders, they may be fly by nights.

It was arrogant to assume they could do this without discussing first. You say there’s a fence so you don’t have to see it - just say no, it’s too. disruptive.

You don’t like them and think they’re selfish. They have to live with the fall out of their attitude.

I have always been the person to say yes to these kind of things as my thought would be, I'm inconvenienced for a couple of days and i can live with that. However, from personal experience I would never say yes again.

I had a slightly different situation where my fence and gate needed to come out for a neighbour to build their balcony. I was told it would be a day. It was 3 days, no fence up, I have a dog who I couldn't let out. I came home from work on day 3 to the neighbours new balcony 10cm across the boundary into my garden, my fence posts removed, my fence panel now screwed to their balcony by 4 screws, and my gate also 10cm across the boundary screwed into a post with 2 screws. And a shit load of dried concrete all over my patio. That was 2 years ago and its still the same as the day the builder left as the neighbours don't give a shit.
They should have checked with you before starting work if its important to them. That's now my view.

These people always are CF, they push their own boundaries as much as they could because they assume they can then use somebody else's property for access and maintenance.

What happens if the OP decides to build an extension within millimetres of the fence too? They won't have access either. They just count on the neighbour having to suck it up, and being now unable to build an extension themselves.