Scaffolding/right of access to our garden

[happygonicky]

Hello all,

Thanks in advance for any help! Our neighbours upstairs have announced that they want to convert their loft, which will require scaffolding to be erected in my (private) garden. The work will take about 12 weeks and I'm a bit gutted to be losing the use of a part of our garden (will need to keep daughter away from quite a large of the garden while work taking place). Also, will they need to access the garden through our garden gate? What are their rights concerning access? I want to be a good neighbour, but can't help feeling we're bearing the brunt of the disruption. But... people do need to do building work etc. Anything I should be aware of?

Thank you so much!

Sorry, my post was lost. Kedgeree for her tea!

The thing with the alleyway is that the kitchen overlooks it, so would have builders walking past every day. Might prefer that to losing large bit of garden though.

Re the freehold - they bought permission to do the conversion from the previous owners of our flat (and others in the building - only one of whom is still here). We didn't see any money on that front, obviously - it happened before we moved in.

Thanks. I've stopped shaking. It seems that we don't HAVE to let them do this. I also wonder if they're doing it for short-term gain (saying they want to move in), but actually they've seen how much house prices have risen around here) and they're planning to do the work, then sell up. Not that that makes much difference (they said in email how much they liked the area, flat etc.), but means long-term neighbourly relations not such an issue. I don't know.

Thanks again.

Permitted development doesn't apply to flats generally, so if they are altering the roof structure at all, they would ordinarily need planning permission. Doesn't apply with velux windows.

And now I've repeated myself!

I would definitely prefer builders walking past my window than scaffolding in my garden for 3 months!!!

I think I would too Kitsmummy.

Sorry, is she having kedgeree for tea? Just want to be sure!

Ha! She is! It'll end up on the floor/walls/ceiling...

We had scaffolding in our front garden for about a fortnight, and it TRASHED it. It's not just the scaffolding that's standing there, of course, it's the builders going backwards and forwards over the same piece of ground. Unless there is a large clearance area of hardstanding I'd expect plants to be pretty decimated.

There is quite a bit of patio, but it's not in great condition to be honest. Needs re-rendering (is that the word? Basically, the paving slabs are loose. They're good-quality slabs though and we're planning on getting them fixed soon.) We also have a very nice creeper running up back of the house.

It's so useful to have everyone's thoughts and opinions. My gut is to say no, then see what happens. I'm a bit scared about doing that - but then, what is there to lose? They can send a solicitor's letter, we'd send one back. Better to do that than put up with it for ages. The tone of their email really annoyed me. It was written with the assumption that they were going to do this.

I'd say no, that that isn't possible, they can't put up scaffolding and they can't make deliveries via your garden. Who wants scaffolding and builders all over their private garden?

I wonder if the people have misunderstood the situation, if they haven't actually moved in yet.

I don't know how it works with flats.

I think most of the replies are in the context of neighbouring houses where each owns the freehold.

If this were two neighbouring houses then:

• it would not be a planning issue (i.e. planners wouldn't take your objections into account so they might get planning permission for the change but then not be able to do it).
• your title (or referenced covenant) might say you need to allow access (but normally only for maintenance and repairs)

If Party Wall legislation applies then normally agreement would be agreed as part of the Party Wall negotiations.

Sorry, all may be irrelevant given your specific context!

Don't be scared to say no. You don't have to explain, just say you don't give permission for access or for any part of your land to have scaffolding, tools or deliveries on it.

Send a recorded delivery letter to them ? So that they can't claim they didn't receive it.

I'd also be saying no & refusing access to any builders / scaffolding that turns up. If they're not around then that's even easier to do.

If you are ok with them going ahead with the work, then definitely stipulate when they can start & when they must be finished by along with the work you expect them to do (eg make good any damage / leave in condition as found etc). Good luck as it's a right headache for you with absolutely no benefit whatsoever.

Glad to know other people wouldn't be keen on this going ahead either. No gain for us and a lot of disruption. Plus I suspect they'll sell up fairly soon anyway. Thanks again.

You'll be pleased to know that the aforementioned kedgeree is going down well!

I feel so much better. I love Mumsnet!