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.

We're mid-renovation and have scaffolding on our neighbours' drive at the moment, thankfully they were more obliging than most of the posters here seem to be! I honestly can't imagine going through life being so immediately obstructive and mean-spirited.

Obviously ask questions first, OP, but unless there's a good reason to say no I'd be inclined to say yes.

Actually you cannot legally refuse access for “essential works” so if this falls under that ie necessary maintenance to repair or preserve their property they could, if necessary, get a court order to compel access is granted and then ask for costs to be awarded against you. See the Access to Neighbouring Land Act 1992.
However, if you will incur loss of amenity etc you could reasonably ask for compensation.
If you believe it is not “essential works” then I would still take a legal opinion before making any refusal. Perhaps you have legal cover on your home insurance so you could call them to ask advice?
Obviously it is far better to come to some agreement because a peaceful relationship with your neighbours is worth a lot and you never know when you might need their cooperation in the future.
I think asking to see details of the builder and their insurance and the home owner’s insurance is entirely reasonable and sensible plus make a written agreement about exactly what will be on your property and for what timescale.

There are often alternative ways of doing scaffolding. The builder might prefer to use OPs property as it’s easier, cheaper and more convenient. It doesn’t mean it is the only way.

For the sake of your sanity just say NO.
I naively let my neighbour’s builder put scaffolding in my property, thinking that as the job would only take a few days that was how long the scaffolding would be there.
The whole job was a nightmare, and the scaffolding was in place for months, causing difficulty accesssing my back door. The scaffolders hadn’t been instructed to put nets up and the builder’s cement blocked the gutters in my ground floor extension.
The builders weren’t helpful but even if they had been they couldn’t have got to the gutters to clear them as the scaffolding was in the way, and the builders long gone by the time we finally got tough with the scaffolding company about collecting their equipment.
The scaffolders had also made one of the entry points to the scaffolding in my front garden, whereas I later realised that with a bit of adjustment it could have been in the neighbour’s garden.
If you really feel the need to be helpful you need a formal contract with cast iron financial penalties included, see plans and make sure you are satisfied with the location of the scaffolding, see liability insurance details for both the builder and scaffolding company and include any conditions you feel appropriate about noise, clearing up at the end of each day, etc.
I still think you should say no. Your neighbour isn’t even there to deal with their contractors if things go wrong.
If they try to get a court order for access ( which they are unlikely to try unless there really is no other way to access) the conditions will be detailed there, and I understand that you can sometimes include a charge for the use of your land/ inconvenience, etc.

honestly can't imagine going through life being so immediately obstructive and mean-spirited.

If you’ve had the experience that my friend had when she allowed scaffolding to be put on her driveway for non essential work then you’d understand. Property damaged, Driveway badly damaged, rude builders, scaffolding left up for 8 weeks after work was finished and dozens of calls and emails to get it removed.

It’s highly unlikely that the only way to access their roof is from your property. It’s more likely that this is the cheapest way for them. If the scaffolding affects your parking I would definitely say no.

If it’s the only way to access necessary repairs on the roof they can get a court order.

Exactly.

Not if the builders have already disrespected you and the neighbours aren't there to monitor.

I think they could probably do it without putting it on your property. It is probably just easier and cheaper for them to do it that way. Ask them to look at cantilever scaffolding, where they scaffold so much of their own property it can support the weight of the scaffolding that is out to the side. There was a thread on here a few months ago and someone who worked for scaffolders said this is what they did when the neighbours didn’t want it on their land.

You need a party wall agreement.

The RICS provides 30 minutes free advice with a local chartered surveyor regarding party wall agreements.

‘You can contact the RICS helpline at (0)2476 868 555 +44 (0)2476 868 555 or email [email protected]’

Given your experiences with their bulders already, I'd say no. You can revisit and put in conditions if they are able to get a court order. I'd keep the no polite but clear and without discussion or reasons at this stage. I'dalso bechecking your own home insurance to make sure that you have cover if you get problems.

We were your neighbours in this instance - our neighbours on both sides put up with 18 months of building work and a lot of disruption while we lived out of the property. Our scaffolders dropped a piece of equipment on our neighbours’ conservatory roof but the builder replaced the glass straight away, and we would have withheld payment until it was done. We paid for their conservatory to be cleaned afterwards and also bought both sides F&M hampers by way of a sorry and thank you! We did expend some of the goodwill we had built up over the 7 years pre reno but 2 years post reno and all is well and (virtually) forgotten. We have also allowed their scaffolding to go on our side when needed, shared scaffolding, gave them some surplus roof tiles and let them use our skips.

Ask to see the insurance papers of builder and also swap numbers/email address with neighbours if you are able to? You never know when you may need their help down the line. Hope you manage to come to a resolution that will work for all parties.

"Maintain" - yes, but there is no legal right for them to use your land to build extensions/conversions/alterations, etc.,

I have no idea what the legal rights/obligations are here, but Id' be saying to the neighbours at the very least that in light of the fact that the building work has already created significant disruption, including notable damage and mess in your garden which has not been sorted out, you are very hesitant to allow this as there is certainly no trust from you that the builders will act responsibility.

I'd also verry much want in writing ho wlong it will be up, and what compensation you can expect if it goes over (and definitely research whether payinh you for access is normal practice). If you have to pay for parking elsewhere, I'd expect them to cover that cost too. And they'd need to cover the cost of any damage - including additional wear and tear. At the very least, if the're using the scaffolding to paint the outside of their house, I'd expect them to paint yours - it would be good for them too as it would make the whole thing look more joined up.

for 18 months, I'd have wanted more than a Fortnums hamper!!

Our relatively new neighbour wanted scaffolding in our side passage so he could render the side of the house. DH agreed, they then wanted to erect it on our 2 year old flat roof which had a sun tunnel. I wanted to say no, DH agreed with them promising no damage etc. The d**knead scaffolders put the pole resting on the sun tunnel, luckily we were home and stopped them before any weight went on. They left lots of debris which we had to sweep up. It was a nightmare and neighbour couldn't care less as he had his job done. In the future I would always say no. CF neighbour also took some of our passage by building out his wall with insulation, not agreed beforehand. We are doing our garden now and his lovely pristine wall is scratched and marked with the mini Digger which could freely get through previously. Karma!

@AppropriateAdult

I honestly can't imagine going through life being so immediately obstructive and mean-spirited.

Says someone who's clearly not suffered at the hands of obnoxious, arrogant, incompetent and generally neanderthal builders!

Until you've actually been at the receiving end of just how awful some of them can be, you really won't understand why so many people don't want builders on nor near their premises. Some behave worse than wild animals!

Even more so when the actual homeowners aren't living on site, so aren't there to monitor the builders' behaviour nor affected by it themselves.

IF the builders generally are honest, hard working, reliable and thoughtful, then they'll have no problem at all in signing a contract specifically giving timescales, conduct/behaviour, reparation of damages, etc.

Without a diagram there's no reliable way to comment on the legality. All those "just say no" posters needs to pipe down a bit!

Have the neighbours been round to see what needs doing and what access is available. Are they aware of the damage in your garden, who is making that good?

I would also just say no , it will be too inconvenient with no parking and noise by your office . Those reasons are plenty and the fact that the builders have already been unreasonable about your property would make it a definite no .

Presumably "your part of London" has also remained untouched from neanderthal, arrogant, obnoxious and incompetent builders, scaffolders and roofers then too!!

I feel like a lot of the posts here are unreasonable.

Is the work essential? i.e. roof repairs. Does it say anything in the documentation when buying the house about allowing access for things like this? Would it be absolutely impossible for them to do the work / put up scaffolding without being on your property? Are you likely to need things off them in the future for any works on your house that they may say no to to spite you?

I had a new roof recently and had to get permission from a neighbour to have scaffolding on their property. It was a big inconvenience for them (the way it had to be done the scaffolding was more on their land than mine). However, this is something that was clear in the paperwork when we bought our properties that they were required to allow and the work was essential. It would have been impossible to do the work without scaffolding on their land. In our situation, if they hadn't agreed I would have had to take them to court to force them to allow it.

However, the scaffolders did chance their luck and installed some scaffolding so it was leaning on another neighbour's property as this was the most convenient way for them to install it. I said no, and that I hand't got that neighbour's permission, and they removed it and were able to work around it.

I learnt though that scaffolders do take the piss with leaving the scaffolding up until its convenient for them to take it down for another job though. Sometimes long after the job is complete. I would have something put in writing in your agreement with the builders / scaffolders (e.g. a fee per day after work is complete until they remove the scaffolding) to avoid this at all costs.

The only sensible response on this thread!

It's all part and parcel of buying a property with neighbours. Particularly for tyneside flats, terraced houses, semi-detached etc!