Severe noise from building work

[harribuck]

Hi, hoping someone can help. This situation is causing a great deal of stress.
We live in a semi-detached property. Around 2 months ago our neighbours commenced work on a huge renovation - extensions at the back, front and a loft conversion. Every step of the way they have not communicated with us in advance. Just to give an idea, we came down one morning and our fences had been removed, patio tiles removed/broken, and severe noise made from demolishing buildings in their garden.
Some level of noise/inconvenience is understandable. Our son was 4 weeks when it started and 14 weeks now. On multiple occasions noise has been made where it sounds like the builders are drilling into the corner of our house or our wall. Noisewise it can be 80+ decibels all across our house except for our upstairs bathroom. Studies suggest babies should not be subjected to over 60+ decibels for long periods.
We spoke to our neighbours and asked that they give us some notice if they need to drill into/near our wall like that. Since then this has recurred without warning twice. The neighbours have blamed changes to builders and messages not being passed on. On Tuesday the builder came round and said they would need to put scaffolding in our garden - no notice given.
On Wednesday drilling started again louder than ever. My baby and I were out but my partner was in. The builders had changed again and seemingly had no idea about the agreement. They told us they would be spending several days drilling (they had started a loft conversion and were installing huge metal beams) so we arranged to leave the house for 2.5 days, at expense, effort and inconvenience to us. I asked them to get our neighbour to call us to discuss it. It turned out our neighbours had vacated the property but not thought to tell us about any of the upcoming very noisy work. My neighbour finally called me yesterday and was apologetic but did not seem to understand the impact this was having. He said he would talk to his builders and get back to me by today. My partner and I have now tested positive for covid so taking ourselves out is not easy or safe.
They have planning permission for this and the building control application says "approved conditionally" - but it's unclear what these conditions might be.
We have had no prior warning/seeking permission for 1) scaffolding in our garden, 2) severe noise made possibly drilling into the party wall. Looking at the party wall act 1996 it seems reasonable steps must be taken to reduce inconvenience for us. I don't feel that is the case but we don't know enough about the nature of the work that is going ahead to understand if we would be covered by this act, or should have been presented with anything to agree to/sign.
Can anyone share any advice/expertise please?
Thank you
Rachel

What times are they working?

And how are you measuring the 'decibels'? What do you use?

Ask bc what the conditions are. Is there a site notice? Any party wall agreement? You could also request Environmental Health assess it

Why did you allow them to put scaffolding in your garden? You didn't have to, you know.

1. There has to be a signed party wall agreement for work on the party wall.
2. Whatever planning says, you do not have to give permission for scaffolding in your garden or the airspace above your garden.
3. There are some phone apps that give an approximation of dB. If you were an employee then hearing protection has to be offered over 80dB and enforced wearing it above 85dB.
4. Look on you council website for hours of working.
5. If you need any work done on your house you can either wait until the neighbours move back so the get the full inconvenience or negotiate with the builder work you need doing in return for having scaffold in your garden.

Oh and talk to the builder directly, your neighbour is an arse who doesn't care cause they are not there. Tell them the fence is yours, they didn't have permission and you will put in a police complaint about damage to property if they don't do x,y&z

You've behaved like total doormats tbh

The moment they damaged my fences and patio would be the end of any amicable relationship with my neighbours

Call environmental health about the building noise

Call a solicitor about the lack of party wall agreement - maybe planning at the council can give you advice?

Start documenting the costs to you that their building work is costing and get a solicitor to write to them asking for reimbursement

Find out who all the builders are that they have used - one of them damaged your property and they will be insured

@JustAGirlInACountrySong They're working normal work hours, we're not bothered about the hours just the noise levels. They have worked Saturday and today but not making the same level of noise. We've been using a sound meter app on my phone.

@LIZS Thanks. I am going to call building controls in the morning. No party wall agreement.

@thinkfast @Lovetoridemybicycle The messaging around scaffolding permissions seems to be conflicting. Where can I find a definitive answer?

Thanks all for responding.

I'm pretty sure it comes under the general law of trespass. But don't get confused by the law that allows access for general maintenance. That is for maintenance of existing structures, not to build new ones.

Get a solicitor involved ASAP. Also get your home insurer involved. You might find you also have legal cover through your insurer, but either way you need to inform your insurer.

They need your permission to remove your fence, to remove your patio tiles, and to erect scaffolding in or over your garden. Also to do work on the party wall. Planning permission does not convert these permissions. They need to come from you.

You do not have to give this permission. Many people do not realise this. A solicitor can help to make it clear, to state that you have not given permission, and to make them stop. At the moment they are damaging your property without your permission, but you are being too passive about it. Make them stop.

Get environmental health involved about the noise levels. This is separate to permission.

As above, it's time to stop being walked over. Get a solicitor, not just building control, they can't help with trespass, working hours etc. Keep a diary of working hours and events, who you spoke to and when. Even if you don't mind them working out of allowed hours, you need every bit of ammunition. (You said they are working today, most councils don't allow that).

Have they put the scaffolding up yet? If not, no not allow it unless you want to.
If they turn up to do it, tell them that they do not have permission to be on your property

Tell them they need to halt work immediately. They are acting unlawfully in doing a loft conversion and possible the extension too depending on where the footings are - with no Party Wall award - any decent builder knows this.

Don't allow the scaffolding
Photograph the damage to your fence and slabs and inform the neighbours in writing they need to make good the work to your satisfaction
Request a copy of the party wall agreement (knowing full well they don't have one) state all works have to stop until it's out in place

As everyone else has already said, you do not have to put up with the scaffolding and party wall nonsense.

I had a similar problem to this OP and mine didn't do a party wall agreement, building control didn't want to know and was adamant the builders would have followed the correct route (they did not) and that it was a civil matter. In the end, as I didn't have any money for a solicitor, we just had to let them do whatever they wanted. We sold the house soon after and my mental health was shot to pieces. I hope you are in a better position to fight back and get them to follow the correct procedures.

This. And take pictures and videos every day, every time there's any suggestion of trespass or unreasonable noise.

We've done two large projects of that kind and we needed party wall agreements both times. I believe (though I'm not a lawyer) that your neighbours have broken the law.

Do not be a doormat. Question everything. Say no to anything landing on your side of the boundary. Ask for the plans and ask for the project schedule so you know when it's going to finish and when the noisiest work will be over.

@harribuck Did you get any help from the planning?