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?.

I'm sorry but I seem to have totally missed this, but how do they access their own garden.

I assume (from OP's cryptic responses) that they have extended to the boundary and can only get to the garden through the back door.

Assuming that's the case the entire thread is pointless and they can't extend without more effort and expense than it's worth.

Erecting a new wall on or up to the boundary is a party wall issue. There are arguements about whether developers have a legal right to access to construct a wall on or at the boundary line.
Have a read here.
constructionblog.practicallaw.com/more-complex-aspects-of-the-party-wall-act-1996/

And here:
apaproperty.com/blog/2015/7/5/section-15-building-on-the-lien-of-junction

Read the link supplied by @ Soontobe60 as it will give you plenty of information on how to proceed.

If you decide to allow your NDN access you have every right to make them pay a commercial rate for rental of your land.

Be aware that scaffolders have a very bad reputation for:-

leaving scaffolding up for months after the work is complete and using upour land as unofficial storage

damaging property while erecting and dismantling the scaffolding

not being too concerned about health and safety laws

making a complete mess of your garden /surroundings

I don’t see why they can’t take materials through the house. I live in terraced housing with no side or rear access and everything comes through the house - all scaffolding and materials and tools and tradespeople. Loads of my neighbours have had extensions done without using the neighbours’ property at all.

They might have to knock the access hole into the existing top floor if not the kitchen. What would stop them accessing via the semi they’re attached to?

I can visualise this easily. Two semis not attached. Each had space between them to access their gardens, possibly a drive.

Old NDN built a single storey extension up to the boundary and no longer has access to the rear, except perhaps through their single storey kitchen extension.

New NDN has fitted a lovely new kitchen in the single storey extension whilst simultaneously applying for planning permission to extend up.

They are assuming they could just stick all the scaffolding on the OPs drive/passage and take their cement mixer and wheelbarrow down that way, every day for months, whilst dropping muck and screws and fag ends over OPs drive and trampling her garden and destroying her fence.

Oh dear.

Hard no from me too, I d not let them ruin my garden with construction foot traffic.

Absolutely not!

Missnever.

They have removed the rear bay window, and replaced it with sliding doors. The plan was to have a balcony with stairs leading down to the garden.

Council have refused permission for this.

They access their garden by a set of builders ladders, up against the wall.
You could not sit out in the sun - the garden has had nothing done for coming up to two years, so is completely overgrown. You can no longer tell where the lawn, patio or flowerbeds are, the growth is now over the 6 foot fence.
It is also littered with building waste, rubble, pipework etc.
There is still work needed to the back. The joists that supported the bay window are still sticking out 3ft from the wall, the brickwork and rendering needs repaired, the old kitchen door has not yet been bricked up from the outside, with the metal staircase leading down to the garden still in place. Guttering and downspouts need repaired/replaced.
So no sitting out!

Something similar has recently happened to us. We objected, it was denied, they’re half way through building now but we completely denied access to our property. They’ve had to do it from their side. It’s your house, up to you who you let access it.

Love cousin Clive in the PP. he’s a legend.

But they can take all their tools and scaffolding through their house and erect scaffolding in their garden. No need for your property to be involved at all.

Their new kitchen is not your problem. If they want a first floor extension they will have to deal with the consequences of their own bad planning.

If you accommodate them that is your choice, it’s not an inevitability.

Neighbours of ours had a similar issue they denied all access. The builders had to bring in a specialist hoist and crane and have all the supplies lifted over the house from the road the builders had to walk through. If they have chosen to do this extension I would let them figure it out. You objected and don't want it bounce the ball back firmly jnto their court there is nothing that says you have to allow access.

It's still not clear if they have actually told you they need to use your garden for access or whether you are assuming it. But in any event, you don't have to allow access so either say no or say yes and charge them for the privilege. It is their problem to deal with if you say no. I wouldn't bother getting solicitors advice at this stage as it will be expensive and probably unnecessary.

Say no to access.

I absolutely would not allow anyone to access my property full stop.
Say no and let them work it out .

You haven't explained whether you have said yes or no. Everyone here is saying you don't have to say yes. You seem to be implying that you have said yes and then moaning about it. Which is it?

You do not have to give them permission except for basic maintenance eg accessing gutters for cleaning, or essential repairs eg a new roof. I'm not sure they can ever make you remove fence panels

@meg54 your neighbours sound bonkers.
Presumably they used to access their garden the same way as you do yours.
What has happened to their original access?

Based on your update @meg54 describing the condition they have left their own back garden in makes me more adamant that you must deny access.
If that's how they left their own garden how do you think they'd leave yours? How much of a sense of urgency would they have to put it right??

Would send them a typed dated letter saying access is denied under all circumstances. If they enter your land it will be trespassing.

@simitra

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.

I like Clive.

[quote Rollercoaster1920]Erecting a new wall on or up to the boundary is a party wall issue. There are arguements about whether developers have a legal right to access to construct a wall on or at the boundary line.
Have a read here.
constructionblog.practicallaw.com/more-complex-aspects-of-the-party-wall-act-1996/

And here:
apaproperty.com/blog/2015/7/5/section-15-building-on-the-lien-of-junction[/quote]
Can I get this straight.

There is a wall that on your boundary line which contains their new kitchen.

This wall must be subject to party wall agreements. Do you know what the original extension agreement was?

@meg54

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.

I could have written the first paragraph of your initial post. It’s an absolute nightmare. We were so happy here until our new neighbours moved moved in. They’re a pair of nasty, vindictive and belligerent old bastards who complain about everything.

When the they dug the foundations of their kitchen extension which is right next to our drive, the side of our drive that adjoins them actually collapsed.

I don’t blame you for objecting but unfortunately as we found out, we don’t have an entitled to light would you believe.

If I were you I wouldn’t allow them access to your property at all. Imagine what mess and dirt will be on your side if you allow them. It’ll go on for weeks too. We’re coming up to winter and there’ll be delays no doubt due to bad weather. It’ll be absolutely horrendous for you.

I totally sympathise but I would stand firm.

Absorbent do not say yes. You'll end up having to be the person who is there to allow access, so can't go on holiday, it will mess up your garden and cause big inconvenience to your life.

Moreover, you say that they've bricked up their back door and obviously they do not want building materials dragged through their recently very expensively renovated living room Why on earth did they not build the extension first? Their problem, not yours.

It sounds like they have made a right old mess and done jobs in a nonsensical order. Who fits a brand new kitchen if they are planning on extending on top, and seriously who bricks up the back door if they dont have another way into their garden!