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.

I would say no. Once you grant access for the render you will then need to grant access in future years for them to paint/maintain it. A brick wall is less likely to need any maintenance, especially if protected from the weather by your fence.

You don't have to allow access, OP, and I would be very wary, especially if they will require scaffolding as scaffolding firms are notorious for not removing scaffolding at the end of a job until they want it again.. I would definitely not do it without a legal agreement, paid for by them, including your own independent legal advice.

Things to put in the agreement - the dates they can have access (which could be after the summer if you don't want to lose use of your garden during that time), the hours and days fo the week they can work, a penalty clause that means they pay you a set amount for each breach - in particular for each day over the end date that it is not completed. A requirement to restore the fence and garden to the state it is now by the end date (if your garden has mature plantings, an explicit requirement for a set amount of compensation per plant should they damage them). Alternatively to the requirement for them to restore, a set amount so that you can make the garden and fence good as you wish - which would allow you to make changes if you have been thinking about doing so.

Also consider requiring them to use a firm that is a a member of the Considerate Constructors scheme and follows their Code of Considerate Practice if you're concerned about builder behaviour. And for them to put an amount as security with whichever solicitor draws up the agreement, along with photos taken of the house, fence garden, to show its condition before the work.

I do think it would be a bit unreasonable to deny them the opportunity to do it at all (though you don't have to and they have been dicks about it). But I also think it's perfectly reasonable to ensure any disruption to your life is minimal. And that includes not letting them take the best days of summer just because of when they chose to build without consulting you.

Edited: Actually Merlot makes a good very point and saying no seems far more sensible.

How long is it going to take - a few days or longer?

if it's just a few days - I’d let them do it. I prefer to get on with my neighbours.

if it’s longer tell them they have to wait until October so that they aren’t preventing you from enjoying your garden

bit make sure there is an agreement that they have to ensure that your garden is returned to normal after and the make right any damage

I can see why you aren’t keen but let’s hope you don’t need their cooperation in future….

also thinking the lack of a nice finish will impact you more than them

This should be covered with a party wall agreement. There needs to be laid out what happens if they damage your property, how long for access, is it needed in the future etc.

But they are building close to the boundary so there should be a PWA.

if they are so close to your boundary and there isn’t one then they are in the wrong.
https://www.gov.uk/party-walls-building-works/work-tell-your-neighbour-about

No she's not bu , rendering makes a mess and takes more than a few hours,then rendering needs yearly painting, I'd definitely say no

Does it need rendering if you fence blocks it. Can they not just leave the bare brick/blocks

Unless there is a massive back story, just let them.

Our neighbour has no access to his back garden, apart from through the house, and so he needed access to our garden to build a new extension. It meant our adjoining garden wall being broken down, a skip in our front garden and months of building work. It was totally fine, we got a new (better) wall out of it, they took down our old lean to which had an asbestos roof and disposed of it safely and built a new one for us.

You’d be mad not to let them, you’ll get a nice new wall to look at.

She's being petty and nasty.

My neighbours rendered their extension over 6 years ago and haven't had to touch it since.

Any idiot knows you leave enough room
when building for maintenance to your property! I’m sure it’s actual law? Their problem to solve not yours! Just tell
them you’ll think about it but it won’t be this summer as you and your children have had enough disruption already with the building works and want some peace to enjoy the good weather and garden

Permitted development or not there must be one.

Dear Neighbour, I would like a party wall agreement with immediate effect, as this has not been done to date, and I am concerned.

That's all it needs.

the builders may be dodgy, they know one is needed and would have advised their client as would their architect

Ask for one now, then piss them off by dissenting and INSISTING on your own surveyor - do not share one - and employ a company that specialises in party walls; they are awful for the neighbour to deal with - really unnecessarily pernickety to deal with.

Free to you and will cost the neighbour about £1500 for yours, the same for his. All within your legal rights, they are obliged to pay for both and should have done this before foundations were started.

Then agree once a formal agreement is in place, and you have in writing, with photos, the before-and-after. It will be retrospective for the entire extension and should have been before. Foundation depths will be checked, the whole 9 yards. They will be a) furious b) scared, they have deliberately ignored it to date c) nice to you because if there is the smallest movement in your house they will need to get it rectified.

It will give you security and be a PITA for the neighbour, but is a totally legal request, and they think they have got away without one atm - which is naughty of them.

PS, you can still refuse access after this!

Thank you. To me this seems like a reasonable response. Maybe a delay will encourage them to come up with a solution that they can do from their side that doesn't involve moving the fence?

I would ask for a written agreement that the fence and your garden have to be returned to you in, at least, as good a condition and that you have to be satisfied before the work is signed off. There are masonry paint finishes that last many years before they need redone but they are expensive (I doubt a wall right up against your fence is going to weather much anyway).

I thought (and yes could be wrong on this) that even with permitted development it is law to have a Party Wall Agreement. Would strongly suggest calling your local authority planning department and maybe take legal advice as further down the line when you sell the property this could resurface.

Hope you never need a neighbourly favour. What goes around comes around.

It’s not being deliberately awkward though if OP thinks there is a good chance that her fence/garden will be damaged in the process, and there will be an expectation that future access will be required for maintenance.

They should have thought about this before building. I think OP is right that they don’t give a stuff about her property or inconvenience.

I’m not sure what would do as I can see that refusing would be awkward. Probably a really frank discussion about the impact this will have and the need for financial compensation in advance to cover damages and then follow it up with a letter in case they go to court.

I like the idea of obliging them to deposit money in an escrow. That would obviate the risk of them refusing to pay or make good at the end. No one says you have to make things easy for them. This is something they should have thought of when they decided to build an extension.

Whenever anyone asks me a favour my response is to put my business hat on, as I am not a charity. They have come to you with a business proposition. "What's in this for me" is a reasonable thing to ask.

Even if they did not need planning permission, it still has to conform to Building Regs under Permitted Building. Years ago planning permission was given for house next door to ours on adjoining land(once part of the original garden). The builders moved it at least a foot our way so our side access was only just about passable and it was right up by our side window.Our rates were reduced by the Council but too late.They also cut down lovely preserved tree.Agree you don't want to be un- neighbourly, but this sounds unreasonable.A quiet query to local Planning might be in order.Surely nothing should be built which requires access from next door, because in future you might and could decide to build something, blocking that access. You are allowed to enter neighbour's garden to trim trees or shrubs if not done and causing a nuisance, but that is surely all.

Wouldn't the wall look ugly from your garden though?

I don't think it's unreasonable of them, but it's really odd (and stupid) not to have talk to you before the work was done. I can't understand their logic...

We built a similar extension, my husband spoke to our neighbour prior to the start of the build to ask about building on the boundary. Neighbour wasn't keen so we built within 10 inches of the boundary instead.

However, the side of the extension that the neighbours see was built in brick, the other 3 sides were built in block and those 3 sides were then rendered.

It's a pity your neighbour didn't think to do the same. I guess it's up to you whether you want to look at block or render, very frustrating for you though.

Strangly, they never mentioned that they were planning an extension. I thought they were getting their garden done then found out from a neighbour that it was foundations for extension. No real reason not to mention it as its permitted development so I've got no right to object anyway. Was annoyed mostly about the sudden noise and mess with no warning. I know they've been in my garden already and I've caught the builders climbing on the fence. I just hope I don't come home to find the fence down and garden wrecked. I've taken photos. I'm finding it quite stressful.

Get a camera up and put in writing that you give no permission for access.

They have already been jumping the fence they have zero respect for your property or privacy

I'd get a cheap camera from Amazon (we've got a Tapi one that was around £30) and record the fence/your garden. And preferably make it visible. You get notifications of movement too as it links to an app on your phone. I use it when I go out to watch the dogs. If you record from an upstairs window, it should give you good coverage.

Get a camera up asap. Mad not to.