Neighbours wants to put scaffolding on our property

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Our neighbours are doing a lot of work on their house. As part of this they would like to put scaffolding on our property. This is apparently necessary to access their roof. They will also use it to paint the side of their house at the same time.

Ahead of meeting with them to discuss it, what should we be asking of them to protect ourselves and our property? We would like something in writing and evidence of insurance? Is it the scaffolder’s insurance or the builders’ insurance that is relevant, or both?

This is a big project on a 3 storey listed building, and our property is also listed. We won’t say no to it, but the whole thing is going to be a real nuisance for us for some time. The scaffolding will remove our parking, create lots of noise and dust, and the work takes place outside of dh’s office window.

I am keen to learn from other people’s experiences, particularly bad ones!

Neighbours are fine but we are not close and relationship with their builders are already poor. Work has been going on for months and they have shown such a lack of respect for us so far, and caused a lot of damage in our garden. The neighbours themselves are not living in the property at the moment.

Honestly I would just say no. I'm a good, helpful neighbour but given the impact this will have on you with zero benefit, I can't see why you would say yes!

Just say no. I said it to our neighbour, and told our own builders when we were having work done, that they would have to manage without scaffolding on the neighbours’ property.

I would also refuse. How come they can't get to the roof from the front or back of their own property?!

Do your neighbours know how much damage the builders have done? If not, you really do need to tell them. (And how are they managing to damage your garden?)

I'd say no to this. They can do what they want to without it bit it's harder/more expensive.

There will be damage.

I would say no. Invariably they will damage your property and say it wasn’t me / was already like that or promise to make good and not or do a shoddy job. The builders have demonstrated they do not care about you hence the poor relationship, what makes you imagine they will suddenly become diligent and conscientious?

I'd say they can have it for two weeks and thereafter it's £1k a week. Otherwise it will be there forever.

I’d refuse. It will be even more intrusive than you think and you are likely to struggle to get them to take down the scaffolding when the work is complete.

Most of the time there's other options - it's often cheaper however to use neighbouring property. If they have the option to do it without taking your parking away etc they should do that, even at a higher cost.

Scaffolding is a nuisance from personal experience - never removed on time, loud, an eyesore etc etc

Personally I would say No to this, but if you really want to go ahead:

1. Financial compensation for you for every day the scafolding is there, to make up for the disruption. £50-£100 per day. This also works as an incentive for your neighbours to actively hound the scoffolding company to remove it asap - lots can just 'leave' it there after use until they need it again for another job
2. As part of the deal, financial compensation or genuine 'make good' on the damage already caused before they start
3. Check your own insurance would cover you, as a last resort.
4. Maintain the right to withdraw consent at any time, for any reason.

Normally I'm one for helping neighbours, but if their builders have already damaged your property I'd absolutely say no

If it’s meaning that you can’t park then I’d say no. Otherwise I’d suck it up. They probably can do it differently, ie scaffolding front and back and over the roof if needed but probably more expensive

We charged our neighbours rent for the scaffolding, £200 a week, up front for the first three months. Otherwise it would have dragged on forever. It was 9 months in the end. The builders were awful. Radios blaring, topless. Smoking and swearing tossing rubbish in our garden - hideous we couldn't use the garden during the day all summer without being overlooked. Also couldn't use washing line due to dust etc. in your situation I would want a lit more money, where will you park?

Yes, why on earth would you even contemplate agreeing? The builders are careless and it’s not as if there’s a good relationship to safeguard!

I would 100% be say no.
We had intensive external work done on all 4 sides of our property last year and never would I have asked for expected our neighbours to have had Scafolding on their property's and been inconvenienced like you have been, I just told our builders it couldn't happen and they managed fine.

They'd like to or need to? Why cant the scaffolding be put in their garden or on their land. How are your houses linked to each other.

You are well within your rights to say no to anything other than urgent/emergency work, so that's your default starting point. They can't force you to do anything.

At the very least, you need a formal contract specifying timescales, legal obligation to repair any damages, agreed periods of working (i.e. no work on your property/land before 9am or after 5pm or weekends etc), financial payments for "rent" of your land for their scaffolding and financial fines if the work is not completed within the specified timescale and scaffolding not removed and your land/premises put back into the condition prior to work, i.e. fully tidied, damaged plants replaced, damaged walls/paths repaired, etc. also come clause about unreasonable noise, i.e. no blaring loud music, no swearing etc.

Don't be afraid to play hardball with them and get bomb-proof guarantees and financial damages written into the contract. Builders are notorious for taking a mile when you give them an inch and I wouldn't trust any of them with a bargepole to do what they say they will, so get it all in a legally binding contract, which the neighbour has to pay your solicitors costs to prepare it!

You say the neighbours don't actually live there, so they've no skin in the game as to how disruptive the builders are going to be - it won't affect them if they're not living there too.

You really need to be assertive from the outset. Assuming you do get a contract, then pull them up on every little breach, i.e. tell them to turn off the loud music, tell them not to do anything noisy if they start before 9am, tell them to bugger off if they turn up at a weekend, etc - and tell the owners, every single time their builders cause you a nuisance, in writing, so there is a "diary of proof" in case things get worse (which they probably will).

I'd also take loads of photos of your property before, during and after their work, again as a diary/evidence of the damage, mess and inconvenience they've caused. I'd also set up some cheap webcams on any window ledges front and back properly set to cover your land/property so there's also video evidence of them causing damage, nuisance, etc. All the better of the builders can see the cameras as it will force them to actually think about the damage/nuisance they cause if they know you've got proof - they can't bat away any claims or complaints if you've got photo/video evidence!

I would say no at the off, then let them make you an offer of a daily fee for the use of your space, insurance sorted, builders told to be respectful. And above all - an absolute cut off date for when the scaffolding will be removed and all made good on your side of the boundary. Make them sign a formal agreement and pay you upfront.
Also - if you do agree with them putting up scaffolding, you absolutely must talk to your own insurance company as it might actually void your entire policy.

We’ve scaffolded our property a few times, and it hasn’t caused any damage but we’ve never had to use our neighbours land.

It is a pain when you want it to come down and sometimes it hangs around for weeks after the work is done.

If a neighbour asked me, I would probably say yes - but would want compensating if it hampered my parking.

If the builders had already damaged my property though, it would be an outright no with an apology to my neighbours that although I don’t want to inconvenience them, I don’t trust their builders and so they will not be allowed to use my land.

Absolutely don't do it - it's always a nightmare.

You need to get the local Historical and Conservation officer involved

There will be another way to do it, there always is - it’s just that the cheapest/easiest way is to inconvenience you - say no.

Look up Party wall act. They would need a scaffolding licence and should definitely have insurance and pay you. A party wall surveyor will be able to give advice and this is paid for by your neighbour.

Hi OP

To all those posters who have suggested you "say no", please be aware that you cannot lawfully refuse. They have legally permitted access to use your property if it is the only means of access to maintain their building. They may have to take you to court to get a writ of access, but that is just a formality and not something you can object to.

They have a legal right to access your property.

I would tread carefully, be polite, you have to live nextdoor to these people. Ultimately the builders insurance will take care of any damage and liability would rest with whatever trade caused the issues.

Also cancel the meeting much easier to say no by email than to your neighbours faces who have presumably bought you a drink and will be doing sad face. I can tell you want to help but honestly it’ll be awful.

Just send a I’ve given it careful consideration but given the damage your builders have already caused and the day to day impact of the proposed scaffolding it’s a No.

This is from the other day. https://www.mumsnet.com/talk/property/5277258-charging-for-access-to-rebuild