Neighbours Wanting Access

[Vicky1110]

Our neighbours (the side of their house is the back of our garden, and their garden runs along side our driveway) are looking to put an extension on the end of their house and are requesting access to our garden and drive to do this. This would mean removing part of our fencing will the work is going on - which would be quite a while apparently. I have attached a paint sketch of the lay out - we have no gate/fence on our drive to the road, but the garden is separated from the drive by a fence - this is the fence they would want to remove to carry out the work.

My problem is we have two young children (2 and 3 yrs) who use the garden daily to play in and this would obviously make it unsafe as it would mean the garden perimeter would not be secure whilst the work is being carried out. i.e. there would be easy access to the road from our garden/drive, and to the area the work is being carried out in. Would I be justified in denying access/permission on these grounds or would they have to ensure that our garden is secure from the works/road whilst the fence is down and they are carrying out work??

I don't really know much about this or where I stand in regards to it all. Please help.

Can you suggest they put up a temporary gate while the work is done and replace it with fencing when finished?

I would say no. It makes it easier for them to build it, but will impact on your life negatively. Say no, for the reasons you have outlined. They get the benefit of the extension not you.

If you agree it'll make the building works easier & quicker to finish which would benefit you. Ask for a temp gate/securing of your garden for reasons you've stated but don't refuse just because you can. Good relations worth weight in gold, unless you don't like them...

What compensation are they paying you for this inconvenience? How long will is go on for?

I would say no. Losing access to your drive and garden is a massive ask and completely inappropriate.

I would say no and point out that you have young children.

They are allowed to ask and it makes it easier for them, as the work won’t need to go through their house. But there’s no upside for you and quite a lot of downside so I can’t see why you would agree. Why can’t they access from further along your drive so they don’t affect your garden?

Without a formal agreement, agreed timeframes and detailed specifics (that I was happy with) I wouldn't agree to it personally.
I'm all for helping out a neighbour when you can, but have been burned before and wouldn't advise entering into anything that's not laid out clear as day. Words can mean very little sadly.

Our previous neighbours had access to our property and no party wall agreement, which we gave a thumbs up to originally as we took them at their word. Work that was supposed to end at X time, went on and on and on. Our property ended up damaged and not suitably replaced. It ended up being one big pain in the backside.

No way. I too have a 2 & 3 year old and I wouldn't want the stress and constant worry of them getting out or into the garden near dangerous tools etc.

Plus I know it's unlikely but imagine a second lockdown in winter...no fencing, not allowed to parks and building stops etc. I hope for everyone's sake that doesn't happen and maybe I'm being dramatic but I've aged about 10 years over the last few months

When are they planning on doing it?
It effectively means your kids can’t use the garden for the duration of the build, firstly as they could escape, but secondly as you can’t trust kids to social distance from the builders or keep away from dangerous tools. If it was longer than a couple of weeks I’d personally say no.

Why can’t they access from their own garden?

Say yes but you want a signed contract from them with the start date and end date in writing with compensation Agreed for any days over, And you want the garden and driveway secured whilst the work is completed and all fences and landscaping restored at their cost, you also want a copy of the plans to check they don’t build it off plan ie they don’t build on the boundary line and any footings and fixtures won’t be over the boundary, it’s a pain but if you say yes and don’t have this all in black and white it could potentially go on forever and they could leave you with a mess to sort out

I'd say no.They want an extension, that's fine but I don't see why you should be out to this level of inconvenience. My neighbours extension was supposed to take 4 months. They were still at in well over a year later. Can't they access it from the bottom of their own garden?

They want to remove it to walk through there with all the muck and equipment. It would most likely ruin your garden and drive. Not to mention the kids safety as others have said already. I would say no too!

Also agree you may need a party wall agreement if they are building up to the boundary. If it's near your house you may also want a survey of condition (? Exact term) before you start in case you get cracks or damage

I would say No

I’d also refuse.

You don’t need to agree to this, OP. They are asking a massive favour do you, and one which will cause you huge inconvenience, worry, and probably money as your property will inevitably be damaged in some way.

Refuse, and don’t feel bad about it.

if they say they will be careful and take two weeks, they will be careless and take six months. Builders will leave the gate open, drive over your lawn and flowerbeds, leave piles of mud, sand and concrete, and block your access with abandoned vehicles. They will leak diesel on the ground. They will leave piles of rubbish and scatter screws and nails to puncture your tyres. They will bring buddies and other tradesmen through without notice at all hours of the day and night, playing loud radios, singing and shouting, and sit on the scaffolding whistling and calling to women between the ages of 14 and 65.

Thank you for your replies, the extension I believe is going to be near enough at the boundary line and that means they need to do some of the works from our side (I don't know much about extensions /buildings so don't know how true this is). And it can't just be the drive because the extension falls partially in live with our garden and partially the drive (sorry I think I drew the extension wrong, it sold be a bit more to the left on my picture so my garden fence is at the middle of their extension).

I think if we do say yes I will definitely get dates and plans in writing, and that the need to make sure our garden is secure from the road and works going on, and that they must return this to how it was originally on completion.

@user1471528245 can we all for compensation for if they go over the planned time frame? (obviously this would have to be in writing) and how much would we ask for?

I would like to say yes because I don't want to cause any upset with neighbours, but I am also worried about the whole covid-19 situation. What if we do go into another lockdown and they stop works for a month or however long?

I would say outright no to prolonged access to my drive and garden and the potential damage and loss of a safe place for my young children to play in any case but it's definitely not ok at the moment as the pandemic could cause further lockdowns/cessation of work etc and this could affect you for a very long time. The house next to my friend has been knocked down, existing boundary removed etc to be replaced on completion of work to build a new property. Their security has been massively compromised for months due to the work itself then the cessation of that work part way through. Total nightmare. You are not being at all unreasonable to say no sorry.

I also see another issue that is likely to arise- the builders deciding they can use your drive to put materials because it’s closer to take them to the build but will leave a complete mess and probably mean you are unable to use your drive.

If it’s an access point- what happens if your car gets scratched by materials etc.

I’d be saying no. It sounds like even with a legal agreement in place there could be a number of issues.

OP, I work for a charity which owns various properties and land around the UK. My local branch were asked about allowing access through a field for an extension being built onto neighbouring house. I was inclined to agree but when I spoke to the legal people in our Head Office they were dead set against it, citing previous experience of things going badly wrong, damage to the charity’s property, drawn-out legal and insurance claims, and generally people taking the piss.

Really, unless they are going to pay you generously for the inconvenience, and all your costs in getting a solicitor of your choosing to put a contract in place, complete with penalties if things don’t go as planned, etc, I wouldn’t even consider it.

A no from me. Sadly building sites attract bastards who steal kit and your garden will become an easy access for them. I wouldn’t want thieves attached to my garden.

Completely justified in saying no. I wouldn't even consider it. It will be messy,dirty and could go on for ages and that's without the worry of keeping your kids safe. They can build from the other side without needing access. Just say no.

So your driveway becomes the access point for all works to an extension? Whats the parking like? Will they be parking in front of your house during the day and trecking back and forth? And the possibility of deliveries being accidentally unloading into your drive. How well do you know your neighbours?

I wouldn't say no exactly, but I'd be asking them to supply temporary fencing (perhaps the portable kind) inside the perimeter while the main fence is down so it is safe for your children. Normally I'm really accommodating with neighbours about this sort of thing but safeguarding your kids is paramount!