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 wouldn't let them. Even if they signed an agreement if they refused to honour it you would have the hassle of taking them to court and enforcing it. Sounds like a whole load of stress to me.

Very un-neighbourly of them not to make you aware they were planning an extension. Communication is key to good neighbourly relationships, especially when building work is taking place with the noise and dust etc.

That's terrible that they've been in your garden without permission and the builders have been climbing on the fence. I would be fuming!

I meant to add to my post that the fence that was already there between us and our neighbours is still there, so all our neighbours see are the top few rows of bricks of the extension above the existing fence. Everything was completed by our builder without him having to access our neighbour's garden.

I'm not surprised that you are finding it stressful. Don't be pressured into giving them an immediate answer, take your time to think things through at to what is best for you first.

How tall is their extension? Out of interest. That affects how close they could have put it to the boundary without full planning permission. If it’s over 2.5m tall it needed to be 2m from the fence. Depends what type of roof it’s got I guess.

Then say "no" in writing? Otherwise it sounds like they may take everything down anyway to do their rendering, and may say that you didn't say no. They'll be in the wrong, but you won't be able to prove it and your summer will be affected as you won't be able to sit outside and your back garden will be in disarray.

Part if me feels I should take the opportunity to assert myself about this for fear of what they might take advantage if in the future if I agree. I've been quite accommodating on other matters and have turned a blind eye to some neighbourly transgressions so they probably think I'm a soft touch.

If the wall is that close to your fence, how did they manage to build the foundation? There would typically be at least 150mm of a concrete scarcement beyond the blockwork below ground, on both the render side, and the internal face

You should already have a party wall agreement as you share a boundary.
IMO you’re being petty based on the fact that you don’t like them. The rendering of my single storey extension took 2 days and didn’t make any mess.

Id be tempted to get legal advice to potext yourself.

Take photos and see if theres is a legal way for them to sign that your property is returned exactly to same state inc fence and that you give the x number of days or exact days and times

If they couldn't be bothered to tell u they were building. Id be very catious

No idea. They dug below the fence from their side. Close to the millimeter but never coming over the boundary.

DF had the same issue. Refused access. They fouled up his view under permitted development and should have addressed this construction problem before they built the wall. Footings within millimetres of the boundary.

I let my neighbours do this. They promised to do it in a day as I have a dog and wasn’t comfortable keeping him locked in as the fence was taken down. Didn’t go well. They took 2 days to do it and then put the fence back up in a messy condition that I’m left with staring at and I’ve still got all of their pots and sleepers dumped on my front lawn over a year later despite keeping asking them to remove. It’s always yes next weekend. If you do take care.

For clarity, they haven't built on the boundary - the building is technically on their side (to the millimeter) but to finish the exterior they want to remove the boundary fence and need access to my garden and remove my possessions to do this.

They have built close to your boundary. It required a PARTY WALL AGREEMENT as its within 3 metres.

Why have they not done that?

Absolute no until thats in place.

So they've put the foundations under the fence? They should have got a party wall agreement but it's too late now.

Surely it won’t take long ?
Do you really want to fall outwith your closest neighbours over this? It would be quite mean to say no

Aah. I wonder if that's why they didn't tell me.? Save a bit of money on solicitors fees and assume that I'll agree with their requests for access in the future.

The 3m distance is distance to your foundations, not the boundary (there is a 6m rule as well if they are digging deep - but I believe this is unlikely for permitted development) . They only need to leave a few centimeters gap between their building and the boundary.

Not quite. If it's within 3 metres and the foundations will be lower than yours.

The last bit probably means doesn't apply in this case.

party wall agreements still apply to permitted developments. Not sure if there is anything you can do now as it’s so late down the lines but most definitely it should have been considered at the very least

And remember that the builders will make a terrible mess whilst rendering, mucking up the paving in your seating area. I agree that you should tell them you won't allow access so they should build it in something waterproof that doesn't need rendering. Otherwise you'll be looking at deteriorating rendering for years or face them coming in to re-render or paint it.

Not mean, just sensible. This should all have been agreed beforehand but odds are they knew that the OP wouldn't agree so left it and now intend to try to manipulate her.

I agree@Amberlynnswashcloth should send a solicitors letter about the builders coming into the garden, it shouldn't cost much - maybe the CAB could help.

A big yes to getting a web cam from Amazon. I have some Tapi ones that I usually have on window ledges looking front and back just for general security, but when I know/think a neighbour is having work done, I face them all looking that way, carefully placed to view my land only of course, "just in case". Last time, the neighbour was having a huge tree trimmed and the tree fellers dropped a huge limb onto my fence severely damaging it. Of course, both tree feller and neighbour claimed it was damaged before and wouldn't pay for replacement, until I showed them the web cam footage of the fence before the limb fell on it, as the limb fell on it and afterwards with the limb hanging over it. After they were banged to rights, they agreed to pay for a new one, but even then argued about the cost saying they could have got one cheaper etc etc and it took months to get the money out of them!

Our neighbour used our side passage for scaffolding. We were happy to allow that, but neighbour was a developer so it was done by the book. That meant legal contract drawn up by solicitors, payment made to us on a per day rate and penalties for going over time. If you do agree, there is no reason why you shouldn’t have the same just because it is a domestic project.

And research the party wall act, and understand your position.

You just need to firm that you expect everything done by the book. Which also means they can explain why it is legally required if they think they can justify it.

How many mm is the space between their wall and your fence. Render needs to be 15mm thick I think, the wall needs hosing with water, it'll all be done from your side with all their equipment which is really messy.