New neighbours building work

[meg54]

We have new neighbours who are doing major renovation work to their "forever" home.
Their property has an existing single storey kitchen extension ( which forms the boundary of their property and ours at the side of the house, extending to 4 metres into their/our garden, front to back. This is now the boundary wall between the two properties, with our garden fence running the length of the gardens.
They applied to the council for planning permission to build directly above the kitchen extension.

We objected.

The council denied our objection.

They cannot build the extension without accessing our property - from our driveway, through our garage, down the stairs, into the garden, removing two of our fence panels.

All the materials for the build will have to use our access, as they bricked up their back kitchen door - the only access they have to the back of the house (houses built on a slope, so one floor up at the back), is a builders ladder, accessible from their living room window.

The extension will also need to be built from our boundary, as
obviously they do not want building materials dragged through their recently very expensively renovated living room.

The scaffolding has to be erected from our side, and will also obstruct our access to the garden, and the cellars, which houses the big freezer and washing machine and DH's workshop.

The more I think about it, the more I think they are CF's.

Any advice wise folk?.

No advice but I couldn’t read and go.

Surely you can say they can’t use your property????

Absolute CFers of the highest order!!!!

Stand your ground! Good luck!!

You do not have to agree to this. It will cost them more to do the works from their side, but so be it!

Make sure they follow the party wall rules too.

You don't have to allow them anything.

They'll gave to sort it from their side won't they!

My understanding is that they have right of access to your property if they need to carry out basic essential maintenance work to their property, but not for anything further. I’m not an expert tho so maybe there is some other law I’ve missed.

I would ask them which law gives them right to use your land in this way. If there is no law and you don’t consent then they can’t do it. They’ll have to take everything through their house.

Just don’t let them into your property. Simple!

You do not have to agree to access and I wouldn't, thy can unbrick a door.

Surely you need a party wall agreement?

Just because they got planning permission to build it doesn't mean they have permission to access through your garden/drive.

They'll have to do it from their own side.

Depending on the distances from their extension to your property the party wall act might apply. Bear in mind that if they have to build hand over then the finished wall on your side might look quite rubbish.

It is possible to negotiate payment for scaffold on your land, if the party wall act applies it can be agreed as part of that.

My inclination is to agree with the common sense views above.
However, if it was me, I would seek the proper legal opinion of a property solicitor & send them a formal solicitors letter refusing access / permission.

Good luck.

Have they formally requested access? Have you had a party wall agreement request through?
I don't think they can assume a right to access your property, especially as it will be extremely disruptive to you: www.wilsonbrowne.co.uk/news/personal/can-i-access-my-neighbours-land-to-carry-out-building-works-to-my-home/

Surely even though they have PP, that doesn't include traipsing through your property, working from your property,or similar. Surely they thought about all of this when they looked into extending.

Sure as shit I wouldn't be allowing them in or on my property.

Someone will be along soon to advise you on party wall agreements.

Something like this happened to my cousin Clive who being an accountant was thoroughly clued up on the situation. He viewed it as a business opportunity and not a "favour to a neighbour". His NDN was an asshole who thought he could erect scaffolding on Clive's land for "a few bob" to set the garden right afterwards.

In order to access your property and erect scaffolding thereon they will have to negotiate a private treaty with you. You do not have to give them this permission as they are building a new structure and not simply maintaining an existing one (Access to Neighbouring Land Act).

My advice would be to get a solicitor to draw up the treaty and suggest what they consider a reasonable scale of charges to cover:-

Rental of your land
Loss of access to your garden
Loss of your privacy
Mess/dirt
Your time/DH's time in providing access/ dealing with work people etc
Insurance to cover potential damage

And whatever else you can think of

Your neighbour will also have to meet all your solicitor's fees in drawing up the documents and negotiating the contract

It is likely to cost your NDN quite a few thousand pounds, as it did the NDN of my cousin. So much so that he abandoned his plans for the extension and switched them to the other side of his property. Unfortunately for him (NDN) Clive had spoken to the other side neighbour who then took a similar stance.

Eventually NDN completely abandoned his plans to renovate and sold up.

I would add that my cousin was not being deliberately obstructive. What he objected to was the "entitled attitude" of the NDN who assumed he could do the job on the cheap and not have to pay a commercial rate for any of it.

Just wanted to say, be more Clive OP!

I also think you need to be very assertive very quickly because they seem to think they can do what they like.
Take legal advise quickly and be up front and hold your ground!!
This will not end otherwise well as they seem very entitled!

*advice

Thanks all.

There is no other way the extension can be built, it's not a party wall, it is above an existing extension, which now forms the boundary.

They have no other way other than to build from our side.

When they bought the property (November last year), they outlined the plans to us. I told them at the outset we would object to the extension . On the grounds that the extension would be exactly 4 feet outside our bathroom window, and would reduce natural light coming into our bathroom, upstairs hall and toilet.

Certainly they should have thought about this.

In fairness, I did not think the council would grant permission.
But they did. Without visiting.
Bastards.

Meg.

Be very careful choosing your party wall solicitor. Some believe section 8 allows reasonable access for new build. Others do not, and interpretations of reasonable vary.

The council have only granted permission to build though, they haven't granted permission for them to use your property. They'd have no involvement in how it would happen. That's up to your neighbours/their trades to try and work out.

So just say no. They cannot force you to let them use your property. It’s their extension and their problem to come up with a solution. Planning permission doesn’t mean they have somehow developed access rights. You seem to think this is inevitable but it’s not.

Unfortunately the effect on those rooms would not have influenced a decision re. loss of light. Nor would the logistics. If they are digging within 3m you need a party wall agreement. Are the foundations likely to bear the weight of upstairs? Can they access the garden via another neighbour's garden?

Read this:
homeguideexpert.com/do-i-need-to-give-my-neighbour-access-to-my-land/

Basically, they cannot gain access through your property to build an extension. Let them take you to court!

I still don't think you have to allow access.

Does the planning permission actually stipulate the neighbours have to grant access, because I am flabbergasted that it would. I honestly think you can tell them to get stuffed, but because I'm no planning expert I think you need to see a solicitor pronto. If they can't construct their extension without infringing on your property for the entire build then surely they don't get to do it at all???

Well if they can't build it without going in Your garden, and you don't let them, it won't get built.

Sounds like a good solution to me if you don't want it done.

Just dint give them access. You dont have to. It’s then up to them to sort out out they do it from their property