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Charging for access to rebuild.

55 replies

Ladyof2025 · 18/02/2025 13:48

How much should I charge for access to my patio-garden?

I own a townhouse with a small patio garden (about 4 metres by 5 metres) which abuts the two-storey blank side-wall of another building which is about to be converted from offices into several small dwellings which the developer will sell at (obviously) a profit.

It will be impossble for them to carry out the work without access to my patio-garden and so I am expecting them any minute to approach me for permission.

Back-story (which you can skip.) About 15 yrs ago the previous owners asked my permission to access my patio to remove and replace the mortar on the side-wall. They said it would take 3 days, and I would benefit visually from the freshly white-painted wall that looms very large in my patio and is visible from all my rear facing rooms. Plus they gave me £100 as compensation for three days loss of privacy. My patio is enclosed on all four sides so it is very private and usually silent.

The work took three weeks not three days. It was summer and we lost all use of the entire patio, our only outside space, as the workmen brought all their tools and stuff. I was working from home, and from 7am till 4pm six days a week I was forced to put up with a horrendous amount of noise, not only from power hammers but from the workmen shouting, laughing loudly, bantering (with profuse, obscene swear-words) stubbing out their cigarettes on my (then-new) patio slabs. They also had a radio on loudly all day, blasting out pop music which I hate, punctuated with the inane chatter of presenters. On top of this because we are not overlooked we have no net curtains and everytime I went into the lounge or kitchen a workman could see me from just a few metres away. It freaked me out, like I was being watched.

I complained to the site manager but although he promised to tell the lads to "keep it down", nothing changed. By noon every day my nerves were totally frazzled. On top of this, no effort was made to keep my patio clean. It was covered in rubble and dust, which flew about and covered all the back windows with a film of grime. When they left they made a half-hearted attempt at sweeping up the mess, but all of the £100 "compensation" they paid me went on hiring someone to pressure-wash the patio and clean all the windows!

(End of back story.)

This time there are four of us in the house, all working from home. Ours is a very quiet house as everyone is of mature age and all day we are either concentrating on writing, or conducting Zoom or client calls.

I just told a friend what is about to happen and he said that this time I should ask for a large sum in compensation. I asked how much and he said £1,000 a day would not be unreasonable, given the lack of privacy, the noise, the mess, the loss of use of the patio garden and the disruption to our daily lives and professions. A high sum should also encourage them to get the work done more quickly. He said I can pretty much ask whatever I want, as they cannot do the work without access to my patio, and as the developers are set to make at least £100,000 (friend guesses) it's a drop in the ocean for them.

What do you think? Is £1,000 a day too much, too little, or about right?

OP posts:
LikeABat · 21/02/2025 11:46

Party Wall Act may well apply. Get a surveyor to act on your behalf. The developer pays their fees.

ImagineRainbows · 21/02/2025 21:20

I can’t see there being any chance they will pay that as they will find a cheaper way to do the build without using your access. I’ve watched a whole row of houses go up behind me and join onto my back fence and they didn’t need access to my garden once. If the cost was more reasonable they may have decided that it was worth it to make the job easier. But I would also expect any large developer to have considered this way before planning stage so if you haven’t been approached yet I don’t think you will be.

stoptheasshat · 22/02/2025 10:06

This is really useful. Planning permission has been granted turn a yard at the back of our house into dwellings. The developer has form for behaving badly and I'm bloody dreading it. Have engaged a property litigator- which is extremely annoying because the developer is making £££ and it's going to cost us money to defend our rights!!!

XVGN · 22/02/2025 11:51

Apols. I haven't read all the replies. Get an estimate for completely re-doing your patio and have your solicitor include putting that amount in an escrow account that will get returned once your patio is returned to its current state after building completes.

snotathing · 22/02/2025 12:53

ImagineRainbows · 21/02/2025 21:20

I can’t see there being any chance they will pay that as they will find a cheaper way to do the build without using your access. I’ve watched a whole row of houses go up behind me and join onto my back fence and they didn’t need access to my garden once. If the cost was more reasonable they may have decided that it was worth it to make the job easier. But I would also expect any large developer to have considered this way before planning stage so if you haven’t been approached yet I don’t think you will be.

Agree. Developers are in the business of making money and don't generally get themselves in the position of neighbours being able to name their price to allow them access.

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