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?.

There is no other way the extension can be built

This is their problem not yours.
Also yes there is: they can take everything up a ladder, or they can knock a big hole in their first floor side wall and access from there.

Planning permission does NOT mean they have a right to access your land.

They can traipse through their living room.

You do to need to agree access. That's why people keep random strips, access is key to any development. No access, no building.

So they've not requested any access?

It's possible they might be planning to crane stuff over their house into the garden for the build? Or use the access on the other side? Use special scaffolding?

I highly doubt the extension is completely impossible without access to your house. It'll be more expensive and probably won't look as good without access, but it could still happen.

Our neighbours did a 2nd storey extension on the boundary, on top of and existing single storey extension. They didn't have side access (the existing extension blocked it), but we did. They didn't step foot on our property. Admittedly what we were left with looked horrific has they couldn't neaten up the brickwork or apply a render out the outer wall.

You need to talk to them and establish their plan. It might be worth conceding on some things that'll allow the finish to look better. For instance access for X number of days for the brick work or rendering. Otherwise you could end up looking as a really ugly wall for years.

Don't need...

Just because they have PP, it doesn't mean they have the right to use your land to build it!!

Be more Clive.

You'll need a goid solicitor, but it'll be worth it!!

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

Tough fucking luck what they want!! Their extension, their problem!!

BE MORE CLIVE

Yes I was thinking you can crane material over the house. It's obviously expensive but doable.
But I agree with the above, what about the finish to your side then?

Have they actually asked you if they can use your to build your extension?

Ah, I forgot about Clive! He is a legend on this topic.

In my experience, people building these things often suggest that access via next door is the only option, when they actually mean it is the best one for them. They should have thought about their whole project before beginning renovations. What kind of muppet does interior decoration before all construction is completed. They need to make a hole in their wall and fix it afterwards. Their living room is going to get trashed - more fool them for not waiting for the construction to be done.

Tell them in writing that you do not grant them permission on your land, property or airspace. Its tough if they cant build.

Or they draw up a paid contract for access that you've got to agree to. Agreeing could take many months.

Have they asked for access?

I highly recommend which? Legal services - £12 per month, if you want some cheap legal advice before involving a solicitor, but hell no would they be using my property to keep theirs nice and shiney! Good luck!

I did once watch a programme where the builders had to pass materials for building work up the front of the building, over the roof and down scaffolding to the back of the house. Get your deck chair out and watch from your garden to see how they figure out a way to build it

IIRR from building our extension (we couldn't go up to party wall as NDN had permission already) you can't deny access to your land to do the footings however after that you can.

Our neighbours wife was an absolute cow so we decided if they ever went ahead with their extension we would make them do it overhand once they'd done the footings.

I wouldn’t bother with the solicitor, sounds expensive and time consuming. Let them do it! Just put some simple steps in place which would stop the building works actually happening. Do you have a gate on your driveway? Consider getting a chain and padlock. Do you park on your driveway? Actually, you say they’d need access through your garage? Presume that has a lock on it? So just don’t let them in?
What are they going to do - call the police and say that my neighbours won’t let me into their house?! The police will tell them it’s a civil matter. But they’re trespassing and that’s a criminal matter. Bonkers really.

@Waggily

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.

Exactly. Also, as someone above stated - "Be more Clive!" - make them aware that IF you were to grant access it would be a business arrangement and you would expect to be paid for the privilege. You need to be very assertive right at the start, as these CFs will totally take the piss if you give them reason to think you are a pushover.

Anyone can apply for planning permission on any building - your neighbours could have applied to extend the house 3 doors down from them if they wanted and had that granted. As others have said, planning permission doesn't actually give the right to build to those plans.

Er yeah, you just don't let them on your land

There's obviously a way they can build it without you - they just take all materials through their own house

OP planning permission doesn’t give them permission to use access on your land unless it was already shared access - not sure if this has been realised? They are two separate issues. All they’ve permitted is the size and type of build not HOW they access to do it. Speak to a solicitor who specialises in property law, check your house insurance to see if it’ll cover legal fees. I would have a conversation soon with your neighbours ASAP to let them know you don’t consent to access assuming you haven’t already agreed to signed something? Try to get your ducks in a row first tho.

But they haven’t actually asked the OP have they? OP is just getting worked up for nothing.

If you ultimately want them to not build this extension op, sorry to say but you are unlikely to succeed.

Well I am not an expert

But I would phone the council and ask advice

I would ask about party wall surveyors ( which they have to pay for ) if boundaries adjoin .

And if they did their sitting room up before knowing they may have to have building materials brought through the house - well - too bad ) I agree with @BlackberrySky

I think scaffolding footings are allowed - but again would check .

It's an unhappy situation as they will probably think you are being uncooperative - but by all that's merry - why did they do up their sitting room whilst they knew they had to have big works through the house.

So my inexpert advice ( you having checked & check everything & do check ) - no we do not need to have all your building works on our side of the fence. Sort it out yourselves.

They don't give the impression of being nice neighbours. Not meaning to be horrid - we live in a terraced house and we tried to make everything as pain free as possible for neighbours. It is not all - there is noise etc - but everything single thing came through our front door. Paid for party wall agreements on both sides.

I wish you well OP and I suspect you or they will be pissed off a bit - but it sounds like they started it. I would recommend trying to have a proper discussion first. You are going to have to live next to them after all - but make it reasonable - not just you taking all of it.

Wish you well - Basilisk

Oh and just to say - let the extension go - it has been approved - that is a red herring

One more and then I will stop - temporary scaffolding is a nuisance but not the end of the world - that is different from all building materials etc being brought through your garden

Enough I think I have made my points and I hope others more knowledgable will chip in - but ring and check what they are allowed to do rather than just telling you what they want to do

They can just build it like they do in terraced houses that have no access at the back. They can go through their house or crane it over.