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.

Because it's nice to be obliging to a neighbour if you can? You live next door for years, good relationships make a huge difference.

Well so far all Op has received as a result of being a good neighbour is damage to her garden. Good relationships are a 2 way thing.

Seeing as damage has already been done, that it will not help your dh who works from home I assume if he has an office and creat parking problems I would be saying no

Absolutely not. Definitely say no. I had this, I agreed because I got in well with my neighbours. It went in much longer than they said. I woke up to builders working over my roof window, able to see me as I slept. They had to climb past my large bathroom window so I never felt comfortable having a shower with the window open when they were working.
Not only that there were times it felt dangerous to go out of my door as it was above that too. There was a pole right across my door so I had to navigate that to go in and out with a buggy. They also left my garden a mess when they took the poles away and killed all my plants.

I’d say no mostly because the builders are dickheads. However you have enough good reason to say no.
I would also take photographs of the house and garden in case of any future damage or mess.
Any rubbish that came into my garden would be removed by the builders under my watchful eye.

@PrivacyScreen - come off it! If the neighbours were nice people then OP's property wouldn't already have been damaged, or it would have been rapidly sorted (which I assume isn't the case given the post). They will lose their parking, so it's already a total pain. Scaffolding is notorious for causing trouble and staying up too long. There are only downsides.

Yes, they may have a legal right. But my opening position would still be no, and see what they then come back with. The only way it wouldn't be is if the neighbour came to me straight up and offered alternative reasonable parking solution and commitments around stuff being fixed, timing etc. I certainly wouldn't say yes until they had fixed the current damage. A decent neighbour who wouldn't take the piss would be doing this already.

Maybe I'm just realistic having formally had a neighbour who was one of those people who took, took, took without any shame and without any reciprocity. Made life a nightmare. Never again!.

For balance, our experience wasn't particularly negative. We agreed to allow our neighbours to have part of their scaffolding on our land for their loft extension. It was up for over a year, and was noisy and blocked out a great deal of light. It didn't affect our parking, but it reduced the access to our side entrance, which was inconvenient at times. The dust from the building work was also awful. But on balance, it wasn't too much of an issue, and the builders were really considerate and made sure that they kept us informed when any particularly noisy or disruptive work was going to take place. Because we had a good relationship with them, they were happy to do several small jobs for us outside free of charge before the scaffolding came down. We agreed to this because we like our current neighbours, but if it had been the previous ones, there's no way I would have let them encroach onto our property by an inch😂

Honestly on the basis that they've already damaged your garden, I'd say no. There will be another way, it will just cost them more to do.

Me too. I’d say I wasn’t prepared to give access when no care was being taken not to damage my property.

When our ex-next door neighbour told us he was putting scaffolding on our patio (told, not asked!!), we just said no. He said he’d make good any damage but we didn’t believe him, based on previous behaviours, and also felt like it was his problem to solve.

Seriously, just say no and have nothing further to do with it. So what if it’s a bit more awkward for him, not your problem 🤷‍♀️

Dunno, for 5 grand upfront I might consider it. Use it to repair the damage they've caused.

The good reason is that the builders have already caused damage to the OP’s property - and that’s without having access to it.

I would just refuse.

Say no - a good scaffolder will devise a method that doesn’t involve your property. They’ve probably suggested one already, but it will cost your neighbours more to implement the alternative design.

From experience - scaffolding always stays up longer than estimated, often months more; often obscures light and ability to open windows; brings with loss of privacy (you have the neighbours’s builders walking past your windows all day), and makes it difficult to maintain your own property (window cleaners struggle to access for example). If it overhangs your boundary there is often the risk of stray tiles falling onto your land, damaging it or putting children and pets at risk.

You are under no legal or moral obligation to give permission.and if you do eventually cave, get a contract and agree a ‘rent’/charge (a very high one) with penalty clauses for over-running the specified date.

They may resent it/you, but the fact is you will resent them if you go ahead so the grievance has already been seeded.

Definitely get a surveyor/lawyers involved but..

this is a business transaction, not an agreement between friends. So treat it as such - ask for insurances and charge them appropriate fees.

The rent for use of your land should be sufficiently penal that they remove the scaffolding as soon as possible.

We did this with developers building a house next door - and used lawyers to draft the contract. We made a few thousand on the process.

You may also wish to consider damage rectification on the garden etc

I'd milk it.
Yes, of course, but agree a time frame.
Whilst the scaffolding is up, it is used to repaint your property on that side, and deal with any other works you need doing.
The damage to the garden is to be reinstated.
As it affects your parking, can you use their drive for the duration.
Use it to yiur advantage

This.

And

5.Formal site meeting with you, builders, neighbours there at which insurance documents shown.

6.Making good afterwards- maybe a refundable deposit?

7.Behaviour of builders, times/days of work etc.

I would say know in writing with bullet points re the issues and damage the builders have already caused and the further issues the scaffolding will cause. Then they know you aren't just being difficult, in the interest of neighbour relations going forward

The neighbours should already be paying for any previous damage caused .

The neighbour can apply for an Access Order of course. The court will consider the neighbour’s position but may decide not to grant the order if it is too onerous and overly inconveniences them. From what OP says, her neighbours works will definitely cause inconvenience. Generally AOs - when they are granted - are for maintenance purposes, not improvements.

Husband is a scaffolder and he says you make sure you have a legal document drawn up( paid by them) stating that the neighbour will be liable to any damage to your property and that they will pay for a clear up at the end and to also state an end date, after which you will be charging them a weekly rate. Take loads of photos. The scaffolding company will have it's own insurance and should be more than willing to show it.

Hard no from me. My friend was broken into by someone shimmying up the scaffolding and getting into her flat.
Why put yourself at risk of burglary, damage to your property & unknown amounts of inconvenience for zero benefit to yourself just because your neighbour is too tight to pay the extra needed to get the work done without it encroaching onto your property x

I’d not lose my parking so it would be a no from me.

You can get scaffolding which just fits on the one property - cantilevered I think it's called. It is more expensive than using neighbouring properties but they should suck it up.

£250 a day. In advance. Plus all issues with garden etc to be sorted prior to any and all additional works. Plus contract to say all will be left as they found it other recompense of value of works plus 10% to be paid-also to be held in an account prior to work starting.
or no