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.

If you’re talking about mm’s surely that means part of the roof could overhang the boundary & that they may need further access for future maintenance?

Yep, the actual rule I believe is they are required to serve a PWN if excavating for new foundations within 3 metres of your building AND proposed foundations will be deeper than the bottom of their existing foundations. Do you have a pic if the foundation work?

I would usually have given permission without a second thought… until my neighbours workman absolutely wreaked my mature hedge, and trampled my plants. We lost the hedge, as it was cut at the roots, cost of quite a bit to buy replacement plants to fill the space. NO WAY would I ever give permission again.

😮

But they haven't been a good neighbour building right up to the fence. I wonder who is responsible for the fence. I would agree to the work but would ask it be done later in the year, perhaps Autumn and they agree to replace everything properly

Say they can but in September as you want to enjoy your garden in the summer?

How petty.

If you give permission this once you don't know where it will end. I would certainly tell them you are thinking about it over the Summer. Don't make things easy. They made their bed...

Think it’s a bit mean personally. Will look much better after, better for when you sell it. Won’t last long.

You need to get yourself a CCTV camera of some description and points in the direction of the fence.
I was about to say let them but when you said they go to your property without permission and climbing the fence... I'm not surprised you don't trust them.

Quite honestly, I’d be ringing the council and asking for an onsite meeting so they can check all is above board first, before anything.

What happens if you decided to build an extension in the future up to the boundary. They wouldn't be able to access the wall then to redo the render. It seems a silly choice of building materials.

I would absolutely not agree to this OP. They should only have built something that could be fully erected and maintained from within their own property boundaries.

I'm not sure of the law outside of Scotland where I live, but when I had a similar situation with a very difficult neighbour, the legal advice I was given was that anything about access for maintenance etc in the title deeds only applied to what was there when the deeds were first drawn up, meaning subsequent extensions with new or different requirements for access for erection and /or maintenance were not covered and could only be requested on a "good will" basis from the disadvantaged neighbour. My lawyer advised me not to agree as any damage caused could be a nightmare to get put right and could involve going to court.

As you already know your neighbours are not careful and you need to have a fence removed for this rendering to be completed I think it's entirely reasonable to say no. Going forward they could also want to paint or otherwise maintain this wall from your property at regular intervals.

I was lucky in that my neighbour did need planning permission for their proposed extension, so I had the chance to object on various grounds, one being the fact that access over my garden was required to build it and I would not be granting that. The permission was refused and the neighbour had to rethink their plans.

Probably should say that before this my relationship with my neighbour had already irretrievably broken down due to the CF neighbour blocking a legal right of access I actually did have, over their property. I had to go to court to get that reinstated!

Are you happy with how it looks now?

My dad said no to something very similar, and it’ looks awful. Things is they don’t see it their side only us.

If they built it so close to the fence they should have used bricks that wouldn’t need rendering and ongoing maintenance. Inconsiderate and entitled!

Good answer, me too

I thought all building work had to have a clear meter for this sort of thing?

Is it worth checking the plans to see if they conform?

Tender is essential for a house to make it waterproof!

No they don't.You can build right up to the boundary, even under permitted development but you are meant to put a party wall agreement in place. But if you don't do o a party wall agreement there is literally no come back at all.

The Party Wall Handbook is an edifying read on the matter.

This exact situation with my neighbour nearly did for me. People can be utter cunts, I moved in the end.

Ahh thanks. We left a clear metre and that was next to a field. We still asked for permission to put the outriggers of the scaffolding in the farmers field and he agreed.

I think I would just allow it provided I had an agreement for the householder (not the tradesmen) to make good in the event of damage and took lots of photos of the 'before'.

You never know when you might need your neighbours goodwill. I have a NDN on the other side and if I saw his house was on fire in the night I wouldn't ring him. He pulled a prank showing off in front of visitors 20 years ago and nearly killed my dog in the process. He has never said sorry and I haven't spoken to him to this day and I have always made an effort to get along with my NDNs.

Life's too short to say no IMHO.

I thought you couldn’t build any closer than a metre from the boundary ?
Our old neighbour built exactly a metre from us in spite of having a huge plot to play with. Such a shitty thing to do. They also then asked us to let them put scaffolding in our garden to work on their build. I reluctantly agreed, but actually wished that I’d said no, as the scaffolding was there for well over a year, possibly two, and they trampled all over my plants.

OP would insist on an RICS party wall surveyor draw up an agreement and “manage” this part eg the fence render and so on. This person are visits to ensure all fair and done properly. Protecting both of you.

Have you checked your deeds? Lots of properties have rights to maintain their property from a neighbouring property.

What’s the party wall situation? Is the height within the single story restriction? (3-4m), Is there a gap for drainage? What is the drainage plan? While there be any roof or gutter overhang?

Our new neighbours planned a massive extension and didn't want to listen to any of our concerns so we had a PARTY WALL agreement put in place. It didn't cost us anything, as the neighbours have to pay and they were much nicer to us after this.