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.

Honestly for the sake of a few hours I’d just allow it.

Neighbour disagreements can start for petty reason and rapidly escalate - even impacting future house sales.

I would send them back a note saying you are happy for them to do it but not over the summer months and that you will need to agree on dates, times and duration of the access with written agreement that the fence and your side of the boundary will be made good to exactly how they were before works commenced. You hold all the aces and they will have to agree. I certainly wouldn’t agree to the work happening during the summer period when you most need and want to use your garden.

The neighbours have been petty and nasty by not telling op they were building an extension and not getting a PWA. They have shown that they are dishonest and have no respect for OP or her property.
It is clear that they will not care if they cause damage to her property.
I would assume there are no building regs either.

All the people saying a party wall agreement is needed.

Not necessarily. If the foundations for the extension are not being dug deeper than OP’s foundations, then as they are not building onto the boundary (albeit only by millimetres) then there is no need to have a party wall agreement, although it is probably good practice to have one anyway. But they may not have done anything wrong by not having one.

Just let them render the wall, OP. It really won’t take them long at all, and the end result will be far better than looking at bare breeze blocks.

It's too late now, the extension has been built. But yes, permitted development has no bearing on the requirement for a party wall agreement.

The council won't be interested.

Legally there is no way to enforce the neighbour getting a party wall agreement. It is ridiculous.

I have been there and have a whole wardrobe of expensive t shirts.

Agree.

Agree to this, but when it suits you.
So maybe not in the school holidays, for example.
Have them agree a timeline and that any damage will be immediately repaired and at their cost.
At least they asked. Our neighbours got their builders to come on to our land to do some cementing on their house, whilst we were at work. They thought we wouldn’t notice, but we have discreet CCTV at the entrance to our back garden! They then pretended they didn’t realise their builders were in our garden for most of the day!

I’d agree but when it’s convenient for you. Perhaps when you are on holiday or in winter when you are far less likely to use the garden

and insist they put everything back.

Just let them have access. It will put you in good light as being helpful. Also, you may need your neighbours help you in the future x

Yes, delay it to late Autumn when your plants/flowers will have stopped flowering and need cutting back anyway for Winter. If you allow work over the Summer, your entire plant/flowers in that area will be ruined for the rest of the Summer. Also insist on replacing any plants that they damage or destroy on a like for like basis, in terms of size etc. Don't let them get away with planting cheap £5 tiny plants from a supermarket when "like for like" mature plants are more likely to be £50 each from a proper garden centre/nursery.

But the neighbours themselves havn't been "good neighbours" by building the extension without informing the OP and leaving it to the last minute to ask for the rendering making it a fait accompli. I think the neighbours have shown their true colours already!

I can empathise totally with the OP. I was in a similar situation years ago, and had the worst inconsiderate neighbours ever. 'Two wrongs don't make a right'! Consider allowing them access, but under your terms only. Would be my advice. I believe by allowing them access, it will cause you less stress in the long run. x

I have no idea about legal papers but you do need to have a conversation with your neihhbour and the project manager/foreman about what exactly is entailed. Eg what needs to be moved fence/plants/furniture; whether they will provide temporary fencing to make sure your dog us contained, how long it will take and also what will be done if they damage yiur property. And lots of photos of the area while it's being planned, then immediately before, during and after.

I don't get all these selfish people who build right up to the boundary line and impact their neighbours quality of life and then expect the same neighbours to be all "neighbourly" still.

O

Exactly!

I'd just let them finish the rendering, itll be nicer to look at than the brick wall.
Only take a day.
Also, easier to keep peace with the neighbour. Sooner you let them finish it, the quicker it'll be done.
Then enjoy your garden for the summer in peace.

You will have to look at this wall. I'd prefer to look at a nicely rendered finish, rather than ugly breeze blocks. Put reasonable conditions on allowing access and for the work to be completed, area reinstated etc. Is there a builder/ company doing the work. You need to check their liability insurance etc. Why not have a word with a solicitor and building regs section of the council before giving the ok.

My permitted development plans were still logged and approved by the planning department. Have you checked with the planning portal that they’re definitely doing things above board? I wouldn’t take their word for it as permitted development doesn’t mean that they can just go ahead and build regardless of the planning process.

I would let them but get everything in writing, eg they agree to put the fence back up and/or replace it if damaged in any way. Everything must be put back how it was. And that you won't be allowing them access again for anything other than emergency repairs.

You are being very petty. They can build within 10cm of boundary line. My neighbours did this a few year ago, and we have access. Likewise we have recently rebuilt our garage and garage extended this. We talked with them before hand as the builders requested to scaffold along their side alley. They let us. It’s live and let live and being neighbourly. We made sure that their side access was all made good (they got a new side path, face panel and some replaced guttering as part of it, plus beer, wine and flowers).
just after a set date with them, and ask their builders to move everything and put it back int he same place. Rendering can be done in a day.

You may want the favour returned some day.

I would be worried about being able to sell it in the future especially if they are going to require access across your property for maintenance.

They need to pay for the party wall agreement. Do not agree to any access etc without this in place.

Also planning and building control are seperate from party wall agreements.

I'd tell yhem that I'd be happy to, following legal advice. I would also say that I needed work doing on my own property which is expensive and will take at least five years to save for, however I will see where the request will come in my finacial priorities at this point.

Then secure my garden so they can't access it.

You are under no obligation to let them into your garden for anything. They should have considered maintenance when they built it.

Are you listening to this thread

GET A PARTY WALL AGREEMENT TODAY
YOU DO NOT PAY THEY DO

ASK FOR ONE NOW, LIKE RIGHT NOW

REPORT THEM TO PLANNING NOW

THEY ARE TOO CLOSE TO YOUR BOUNDARY

if you dont, never ever ask or complain on MN about this because we are all telling you. I'm the person who had to pay for my neighbours party wall agreement, I know the rules and you neighbour is taking the piss out of you

I