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.

No. There is no right to enter you property or have scaffolding overhang.

Its simple. Phone your house insurer, who will probably have a legal helpline. They may then insist that you hire someone, probably a surveyor, to take pre-condition photos to be used if there were future damage. They will also dictate a letter for you to send to your neighbours, which might include some sort of pre-action warning. My insurers confirmed that in our case, had our CF neighbours not caved, they would have funded court action. Cheaper than rebuilding our terraced house.

Building works need to be insured. If they are taking place on your land, even if by your neighbour, they need to be told. They then decide how to manage/mitigate the risk and your cover should remain intact.

Phone your house insurer, who will probably have a legal helpline. They may then insist that you hire someone, probably a surveyor, to take pre-condition photos to be used if there were future damage.

How much is that and who is expected to pay for it?

Indeed, some people may not have home insurance then even if you do it may depend on what it covers and what type of home you have, etc. They don't have a right to enter your property or have scaffolding overhang true but it doesn't mean they won't do anyway, and what are you to do about it?

Many scaffolders, builders, etc do as they know that there is often no real response the homeowner can take to reject them. It's quite difficult for the homeowner unless in specific circumstances. The cost of legal action or hiring Surveyors for some can be prohibitive even before it gets to court. Others just may not want all the fuss and aggravation of legal action not least to say the time it takes.

Basically the law doesn't protect the homeowner enough when it should do. This side of the construction industry still needs cleaning up but nothing as yet. Homeowners should have a lengthy & costly legal fight on their hands just to have what should be their right respected. If trespass became a clear criminal offence for all of those who deliberately did so with an intention of occupying land with the Police being able to charge them then I would put money on it never really happening. It's too lax laws in this country that allow these problems in the first place probably to create a big stream of income for solicitors.

I don't think the precondition photos cost much. An hour or so of surveyor time. We shared the cost with our neighbour on the other side. The point was to have an independent record in case of damage.

(The house in the middle had started work without either planing or building control permission, let alone a party wall agreement.)

Our insurance confirmed they would pay for any injunction etc if it came to that. Us sending a letter dictated by them saying we would go to court if they did not get an agreement was sufficient. It was quite upsetting at the time but the legal person at the insurers was great.

I appreciate some people don't have buildings insurance that includes legal cover. But an instance like this is one good reason to get it. Changes in the law to further protect homeowners won't help if they can't afford the injunction.

There is a lot of talk about 'law and order' but if its not law that is enforced by the state then its about as much use as the proverbial chocolate teapot

Hi, I own a scaffolding company!

Pretty much EVERY scaffold that "has to be put in the neighbor's garden" can be built on the homeowner's side; it just costs more!

I know everyone thinks scaffolders are thicko scumbags, but it actually takes 5 years to become a fully qualified scaffolder, and the training and exams are very thorough. When building a scaffold, there are a hell of a lot of regulations so that someone can work safely on it, as well as the weight of the roof tiles etc. People's lives are at stake.

Anyway, in order to build a complicated scaffold, you can get a design company to draw a design for it, with all the weight-bearing formulas, angles, bridges etc worked out that the scaffs will work from. The scaffold can hang off a wall and not have to touch the ground below at all in fact! It just costs the homeowner more money, roughly £250 for the design, and will take a lot longer. With a gang of scaffolders all earning c£220 a day (Midlands) and with the most experienced scaffs on the job, it can add up very quickly, hence the need to try and get the neighbours to comply, which you are perfectly entitled to say no to.

Thank you

This is an interesting reply. Do all of them have to be trained and qualified or can they have helpers? When our neighbours put scaffolding on our side one of the younger guys laid the horizontal pole across the top of our protruding perspex sun tunnel cover! Luckily I spotted it before they fixed it in and built up on it. I could hear them chuntering about me but I was not impressed, the sun tunnel was 3 months old and to me that was a really basic mistake

@ThatRoseBear Usually there will be at least one Advanced or Part 2 scaffolder on every job. They are the most qualified, in that order. Two scaffolders together is called a Gang and usually one is an Advanced or Part 2 and the other is a Part 1 or trainee. The guys on the ground passing stuff up to the others, off the lorry, are usually the apprentices / labourers. But this is what happens in a reputable company, and obviously there are many companies that aren't. You can absolutely bet that the cheapest scaffolding you can find has the least qualified scaffolders in their firm. You actually do get what you pay for with scaffolding.