Neighbour Builders - Access through house

[keyboardwarrior1]

My elderly father lives in a terrace of houses. Access to all the gardens is only possible through the houses themselves.

His neighbours want to build an extension to their home. This will come right up to the boundary between the two properties. They have told him/me that their builders will need access to his garden through his house for the duration of the build and that he is legally obliged to agree to this.

DF is in his 90s and has dementia. This will be profoundly disturbing for him. Does he have the right to refuse access?

I have suggested to the neighbours that they demolish part of the wall between the two gardens. This would allow their builders to access his garden to do any necessary work on his side but would not require them to enter his house. This would be bad enough, but they have said they do not want to do this. My suspicion is that they are not keen on builders having unfettered access to their home while they are out and are trying to see if they can use DF’s home as a solution.

I am actually so p off that I am now tempted to give them a flat NO.

That’s awful, hope the council can help.

Forcing access does not apply to a desire to build a new wall.

@Justlovedogs

Thank you. That is really helpful. As far as I am aware they have not yet applied for planning permission so they may just be testing the water. Trying to get info from the Local Authority.

I do not really want to be unduly difficult - tempting though it is - as I think it is usually counterproductive. But I will make it clear that I believe the works will be disruptive and that I will not be facilitating anything without clear, legal agreements every step of the way. I have an appointment with a local solicitor with experience in property disputes later this week.

Planning permission doesn't and can't give anyone the right to access over someone else's land or property. That's a totally separate legal issue.

We do have P o A for my father.

the extension might not need pp, could be under permitted development.

I'd ask them how they propose to protect your DF in the event that he is injured directly or indirectly through their negligence, for example leaving a door open for an intruder, if one of them startles him, causing him to fall, or leaves something laying about. What if something goes missing (or he thinks it has - he does have dementia) - how will they prove they've not taken it? What insurance will they take out to cover against these risks? They are not in his home for his purposes, but for a third party. Will he be compensated for the disturbance & at what rate?

Obviously, this is all rhetorical as I would in fact not allow any of it.

No and I would alert the council to this

Also, ask to see their builder's insurance.
They definitely should have organised and paid for a party wall survey and agreement.
I wouldn't be surprised if they need planning permission too.
People like this often use cowboy builders. A reputable builder will not break the rules.

If you read section 8(1) carefully I would say they can come into the garden as you say but not into the house as there is no work to be done in the house. Just put a gap in the fence, give them permission to go into the back garden but not the house, tell them that if they enter the house you will call the police as it would be considered a crime to enter. If you have the money you can obtain an injunction preventing them from getting in.

No way! They can knock the wall down. What cf!

I would want them to pay a bond to a surveyor (the surveyor the neighbours fund to advise just you) to cover damage to the wall and your father's garden. I'd also want it strictly time limited.

But check how much light the rear window would lose. If it puts that room in perpetual darkness it might breach your father's home's right to light.

Presumably the legislation they are relying on is the Cheeky Fucker Act 2019. Tell them to go whistle.

Party Wall Agreement legislation has sweet FA to do with rights of access. There are statutory (reasonable) rights of access across land, not through the house FFS! But these are in respect of repairs and restoration NOT extensions or improvements. Your poor Dad! This is bullying and totally out of order. He isn't required to facilitate this sort of CF behaviour and nor should he. Tell the neighbours to do one!
(Can you tell I've been on the wrong side of similarly entitled neighbours recently? Happy to share info/help if I can)

@keyboardwarrior1 - as @stripeypillowcase says, they could be doing the work under permitted development. I used to use a really good website that gave details of what is and isn't permitted development, but I've just gone to look at it and it's been discontinued (typical ). However, even if it is permitted development, I think you'll find they still need neighbours agreement to continue with the works.

But if your Dad is minded to allow access you need to protect him by granting a licence, for which neighbour must pay you

Correct order

1. Check your Dads buildings insurance for legal cover
2. They need a PWA
3. They must pay all your costs relating to PWA ( including independent surveyors costs - look at the Thisbe & Pyramus club for specialists in party wall issues)
4. Work can't start until PWA in place & you can stop it if it does- report to planning enforcement officer at local authority;
5. Once PWA sorted they need a licence to access the land from you and they have to pay

In the meantime
Just say no.And repeat. There's bugger all they can do until they go through the proper channels

Permitted development is an administrative matter, as is all planning permission it isn't the law. PP / PD don't allow someone to ride roughshod over property law (certainly not in E & W)
Eg Council gives planning permission to build extension along boundary ( eg party wall) but if guttering/ drainage encroaches over neighbouring property, property law doesn't allow that encroachment - neighbour cant therefore build that design

Presumably the legislation they are relying on is the Cheeky Fucker Act 2019.

^100% this!

Absolutely no to this. What awful people trying to take advantage of your father like this. I think they could possibly require access to the land for limited works only but this is land and absolutely not the house. You are right to seek legal advice and do pay for a letter to the neighbours or get them to set out their advice in writing. Well worth paying for.

People always try to avoid the Party Wall Act and it is counter productive because it protects both parties in the event of any dispute or damage. Our horrible neighbours argued over centimetres relating to building works on their newbuild. Their attitude has meant at least three huge arguments with three different families who they have seriously pissed off and have to live with.

Your dad is lucky to have you at the moment and you have a POA which means you can legally take decisions on his behalf. Tell them they must run everything past you. The disruption will upset your dad in any event without their cf demands.

Look at para 20 of this assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/523010/Party_Wall_etc__Act_1996_-_Explanatory_Booklet.pdf

Under a PWA agreement/award the homeowner can be made to allow access for works. However I am 99.9% sure that no surveyor would allow access through someone's house.

OP - you need to read through all of this linked document.

What horrible people the neighbours are! Strange people tramping through your Dad’s home, letting out the heat every two minutes, betting they’ll ask to use his loo too!

Definitely tell them to get to fuck

But there is currently no party wall collaborate. That section only makes provision for specific circumstances where there is an existing party wall. If the neighbour wants to build one or up to the boundary paragraph 22 applies

If you plan to build a party wall or party fence wall astride the boundary line, you must inform the Adjoining Owner by serving a notice - see paragraphs 7 and 8. You may want to base your notice on Example Letter 4. However, there is no right to build astride the
boundary without your neighbour's consent in writing – see paragraph 24.
You must also inform the Adjoining Owner by serving a notice if you plan to build a wall wholly on your own land but up against the boundary line. You may want to base your notice on Example Letter 6.
The Act contains no enforcement procedures for failure to serve a notice. However, if you start work without having first given notice in the proper way, Adjoining Owners may seek to stop your work through a court injunction or seek other legal redress.

Get a solicitor to send them a letter. They have no right to access through his house. They do need a party wall agreement to build up to the boundary because the wall they build will become a new party wall. If I were you I’d refuse access to the garden completely. Tell them they have to build from their own side and aren’t allowed to set foot on his property. I wouldn’t allow them to even stand in his garden while laying bricks! Certainly don’t permit them to knock the wall down and use the garden as a building site. If they apply for planning permission I’d include this CF behaviour in your objection letter and send a copy of the solicitors letter.

Take plenty of photos now of your dad's house, garden and wall and of neighbours garden from upstairs in case something "accidentally" gets knocked over and they claim it was always like that.

@Comefromaway That's not correct. Look at page 17 of the document - deals with new walls built to abut the boundary.