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Original poster

Can they really put scaffolding on my property?

157 replies

2Cats1Dog · 14/03/2019 16:35

One of the flats above us (leaseholders like us) have got permission from the freeholder to convert their loft and to do this they need to put scaffolding on our property, which would mean months and months of misery for us. Surely, they can't be allowed to do this??? I mean, it's not like it's necessary maintenance work, it's purely to improve their flat, it's not essential work! Has anyone else been in this situation? Help please!

OP posts:
burritofan · 15/03/2019 16:05

How about you keep your gob shut until you know what you're talking about?
Wow. And you want people to help you?

PosterPostingPosterishly · 15/03/2019 16:05

Jeeeeez OP- you are seriously aggressive.

You asked opinions/advice and you're getting it.

Unless they are building a replica Taj Mahal out of Lego on the top of the bloody building, I doubt it'll take 9 months.

Be neighbourly. Speak to them about noise/time/disturbance concerns but don't be a pain in the arse.

If you're a twat to the builders, I guarantee they'll make more noise and mess just to piss you off!

LaurieFairyCake · 15/03/2019 16:25

How awful for you OP

How can you arrange to minimise this? I've walked past a lot of large houses where the ground floor (obvs) had scaffolding for a roof conversion but the access was up a series of ladders to the second floor nowhere near the ground floor windows/doors, chute for debris etc was all directed away from the ground floor flat to go down to a skip in the street.

Plus the 'boards' of the first floor of the scaffolding were deliberately higher so it didn't block the light to the ground floor windows

Clearly all this was done to minimise disruption to the ground floor flat - leaving only the poles in the garden and nothing else

My first reaction would be to block ANY disruption to my living (I work from home and also have pets) but if I decided to or had to allow it I'd be making sure the above happened. Plus agreements about noise on weekends or after 6.

Iggly · 15/03/2019 16:27

At the end of the day, you live in a flat and not on an island.

Yes it’ll be a pain - of course it will, but it’s not for you to decide if you think the work is essential or not.

You could point out the hassle etc and hope for the best.

Iggly · 15/03/2019 16:30

I’ll add, I used to live in a flat (converted house) and had to suck things up sometimes.

redexpat · 15/03/2019 16:36

Annoying yes, but hardly the end of the world. It wont be forever.

Unless you work nights.

sparklytwinklyfairylights · 15/03/2019 16:41

What information did you receive at planning application stage?

I can see how annoying it would be having scaffolding for that length of time but can I ask who has told you it will be there for that amount of time?
It just seems excessive, we built a house from scratch. Including ground clearance, utilities and the full build, which was mainly done on homers at evenings and weekends took us from the middle of June till the middle of November.

Even if the work takes that long, which still seems excessive, the scaffolding won't be needed all that time.
I hope you get it sorted out op

KitKat1985 · 15/03/2019 16:41

One it's worth always remembering in these situations OP is that one day it's likely to be you doing work to your flat which is noisy / dusty / and / or inconveniencing others in the building, and in my experience your neighbours are far more likely to be tolerant of this if you have been tolerant of work they've had done.

Morgan12 · 15/03/2019 16:46

I really don't understand why it's taking so long. You keep saying it's a big job so what makes it different from other loft conversions? Have you been given any details?

Mine's took a week. I would be seriously pissed off with the work taking that long. It's a big ask for sure.

Original poster
2Cats1Dog · 15/03/2019 17:13

@burritofan "Wow. And you want people to help you?"
Yes I would like them to. But if you think that a stupid and insulting comment like PickaChews's "you seem so highly strung that the reaction of the animals is the least of your worries" is in any way helpful, then you don't understand the meaning of the word "help".
There's been some supportive and helpful comments on here which I appreciate but I have been take a back at the response of some (you included, burritofan) who just want to try and make a difficult situation worse. Totally unnecessary and if you have nothing helpful or constructive to say, try saying nothing rather than making things worse with your snide negativtee comments.

OP posts:
Original poster
2Cats1Dog · 15/03/2019 17:15

@LaurieFairyCake thank you very much for your comments, they are helpful. It's such a difficult situation and hard to explain it all on here. Thanks for your supportive comments xx

OP posts:
Original poster
2Cats1Dog · 15/03/2019 17:17

@sparklytwinklyfairylights It's the builders who have said it will take that long. Thank you for your supportive comments xx

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Original poster
2Cats1Dog · 15/03/2019 17:22

@PosterPostingPosterishly "Jeeeeez OP- you are seriously aggressive."
I'm not sure how you get "seriously aggressive" just cos I've told a couple of rude people to butt out when they are obvs trying to make a bad situation worse. I don't see why anyone would do that. If you can't offer helpful, constructive or sympathetic advice to someone who is asking for help in what is supposed to be a supportive forum, why bother responding in the 1st place??

OP posts:
itswinetime · 15/03/2019 17:26

Op people need facts to be able to help you

Who has told you about the scaffolding??

Who has told you about the length of the job??

What stage is this project at? Planning?? Have they had surveyors round? Are you in a conservation area where they may need planning permission??

It's not possible to give you any helpful advice without knowing more. Average loft conversion takes 5-8 I believe so 8-9 months seems a massive jump have you been give a reason for the length of time? Will the scaffolding need to be up for the whole time?

Foxmuffin · 15/03/2019 17:28

Read your lease!

itswinetime · 15/03/2019 17:29

That was meant to be 5-8 weeks

PosterPostingPosterishly · 15/03/2019 17:42

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Original poster
2Cats1Dog · 15/03/2019 17:44

OK, just to explain a bit more: I've been told by the freeholder that one of the other leaseholders wants to convert their loft and that the scaffolding would be needed for 8 or 9 months, due to the amount of work and because it's three stories up. They haven't sent the surveyors round to us or any of the other flats yet (who are also not at all happy about all this). I own the garden (part of the lease) and apart from me using it my cats and dog use it. I'm partially disabled so can't always take my dog out for a proper walk, so the garden is all she has sometime. So what Im trying to fine out is if anyone knows what right, if any, the other leaseholder has got to put scaffolding on our garden when - whether or not some of the people responding on here accept it or not - it would be a huge imposition and disruption on us, including taking my garden out of action. Thanks

OP posts:
burritofan · 15/03/2019 18:08

You need to check your lease. It's more than likely there is a proviso in there that means you have to give access to other leaseholders and the freeholder for maintenance and improvements to the building. You also need to check whether this will affect your contribution to the buildings insurance and roof maintenance – a loft conversion will add windows which may change the nature of the roof and cost of repairs.

I suggest you pay for a solicitor to interpret the lease for you. I also suggest you calm down and not leap down posters' throats or tell them to shut their gobs, and that you approach the neighbours in question with a much more pleasant attitude than you have done in this thread. A solicitor will advise the same thing.

burritofan · 15/03/2019 18:11

I have been take a back at the response of some (you included, burritofan) who just want to try and make a difficult situation worse.
Do you mean the part of my initial post yesterday that suggested your neighbours are being antisocial by not discussing this with you, and sympathy that scaffolding will be awful to put up with, but unfortunately you have few rights? How terrible of me! Did you just want people to say "of course they can't scaffold, you go girl! Defend your property!" Hmm

itswinetime · 15/03/2019 18:15

Well I would have concerns,

  1. I can't see why putting a loft conversion on a 3 story block of flats is different to a 3 story house if they were saying an extra min or 2 then maybe but that long doesn't sound right to me.
  2. the cost of having scaffolding up for that long will not be made back by a loft conversion I know people are desperate for extra space but that seems extreme.

First things first I would talk to the neighbors and find out from them exactly what is going on there may have been miscommunication a long the way. If everything is as the landlord has told you then.

I would look up to see if any planning permission has gone in. I know it's not needed for a loft conversion but this seems like more than that to me.

I would get some legal advice on what you can and can't say no to. What right of access do they have to your garden, how is that worded? For expanding my old lease said I could only access downstairs graded for essential maintenance such as roof repairs, anything was only with the owners approval (but that was share of freehold so might be different) ect. I believe they would need to put a party wall agreement in place before work began so I would want to be knowledgeable in what is and isnt reasonable. If your other neighbor is also unhappy about this maybe see if you can split costs.

Mookatron · 15/03/2019 18:17

I think they do have the right to put it there, yes. But I would triple check 8-9 months isn't a typo.

You need to see a surveyor, for whom the flat doing the work needs to pay, to find out exactly what you have to put up with and what you don't. You can actually make life quite difficult for them if you are so minded, but it's probably not worth it because ultimately you can't stop it.

Original poster
2Cats1Dog · 15/03/2019 18:47

Sorry I didn’t connect your message yesterday with today’s. Yes, of course I would like everyone to tell me it will all be OK!
It will be horrible for me if it goes ahead. I will talk to a solicitor, thank you

OP posts:
Original poster
2Cats1Dog · 15/03/2019 18:50

Thank you that is really helpful xx

OP posts:
Original poster
2Cats1Dog · 15/03/2019 18:54

@Mookatron. Thank you for your advice. When you say I probably can’t stop it, why is that? The thing I think is that it is my garden (not the other leaseholders and not the freeholders, so surely unless they ask me nicely or compensate me (which so far they haven’t), how can they come into my garden and install scaffolding? It just doesn’t seem legal or right or fair! I will have to talk to a solicitor to check my lease properly

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