'96 party wall act and access to neighbours land

[annoyednow]

Ok, I'm probably driving everyone crazy, but I'm having a very stressful time re. neighbours proposed extension. They will probably build up to the boundary (on their land). They will probably force access to build from our side. I have a thread in property/diy re objection to planning application. Where they will be building from is very near my back living room which has french doors out to the garden. There is a very established planting area and frog/newt pond where they would put scaffolding/hoarding/ work from. They would be in my garden. This would ruin our summer as we live in that area. We are semi-detached and they are attached to us.

Is there any argument against access. I don't want strangers ripping up my property or even using it for their sole benefit while I'm paying the mortgage on it.

Does anyone know anything about this?

As far as I'm aware you don't have to allow them on to your property for the build. What rights they have then to maintain a wall built up to the boundary (but presumably not on your boundary) I simply don't know, but hopefully someone will come along who knows a bit more.

Remember, planning permission doesn't affect your own rights as a landowner (e.g. right to light, trespass etc)

I had a similar situation and had no choice but to allow the neighbour to come onto my land. You do however have a right to instruct a surveyor, at their expense, to supervise it. I found the most expensive one I could

I'm only speaking fron personal experience, but if there are any experts about, please feel free to correct me.

There was another instance when a neighbour built a massive shed right up the boundary, ripped up the fence and moved it 3 inches to my land, when I was on holiday!

GGrrrr, I feel your pain and frustration

Collaborate, I think the '96 party wall act moved to access for new build as as well, opposed to '92 act for maintenance and preservation of existing build only.

Oh gosh Iceflower, what's with people? I know what you're saying about surveyor, but I don't strangers on my property. We blinkin' payed enough for it. Did you check with insurance company about your house insurance etc.

What actual destruction of your property are they allowed to carry out? Can they dig up the ground and hack plants to create level area to work from?

Have a look at this - from para 20 onwards.

www.communities.gov.uk/documents/planningandbuilding/pdf/133214.pdf

They can't build astride the boundary line without your consent, but can put footings in under your side (not reinforced concrete). They would have to compensate you for any damage. You have quite a lot of sway - seems you can specify a date when the works can be finished etc. Anyway, have a good read of it.