Neighbours wants to put scaffolding on our property

[TubeScreamer]

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 had this last year, the neighbours were on a weekend away and didn't realise the builders were going to do this till it was done! The builders made all sorts of promises that they had insurance in the rare event blah blah blah... I'm not sure it would have been as easy to get recompense as they claim if something had gone wrong! However, it was only for a few weeks, they did get the scaffolding taken down promptly when finished and there was no damage as they'd promised- also our kids thought is was really cool and interesting. Having said that, if these builders have already been disrespecting your property I can see why you aren't keen!

No way! I had the same last summer so still fresh. The impact was awful and they caused damage to our property too - we are still trying to recoup money but don't hold out much hope!

You'd be a fool to agree to that.

My suggestion is

1. Get the neighbours to pay for you to get legal advice and get a proper enforceable contract drawn up
2. Insist on seeing and getting the solicitor to check relevant insurance policies
3. make it clear that the neighbours are liable if there is any damage NOT covered by the Insurance
4. Charge a notional rent for say two weeks followed by an increasing daily charge so that the scaffolding comes down as soon as the builders have finished with it
5. Get them to pay for the damage the builders have caused so far
6. Might not be that simple but some stipulations about builders behaviour?

Legally you can be required to provide access under some circumstances under the Neighbouring Land Act so it's not just a blanket no as some on here seem to think

Many posters have pointed out that maintenance and essential work must be facilitated. That doesn't extend to improvements/extensions/modifications. It also doesn't prevent "reasonable" expectations of avoidance of unnecessary nuisance (timescales, behaviour etc), reparations of damage caused, etc.

I’m another one who would say no. I’ve seen too many crap builders in action to agree to this and they’ve already damaged your garden.

If the neighbours get a court order, I would get a solicitor to draw up a legal contract which would make it far easier and cheaper for them to not have scaffolding on your property! I would expect financial compensation for each week the scaffolding is up. I’d also include extra penalties if the work overruns, an agreement that all damage to your property is repaired, a separate payment for your DH to rent an alternative workspace and the right to get the scaffolding removed (at their expense) if it isn’t taken down within a week of the work being completed.

Ask for a copy of the builders and scaffolders public liability insurance and check it is valid (not expired and for the right company )

Ask how they will be handling claims for damages to your property.

Now you know the answer to this question, you can test the process by getting them to compensate you for the existing damage.

Then say No.

They could as mentioned by PP find a solicitor and obtain a court order.

However that’s a PITA. More likely they will ask their scaffolder to come up with an alternative and the scaffolder will suggest something, probably involving cantilevers.

If not, well you have some good suggestions on compensation up thread.

True, if the work is for maintenance of the existing building, but not so for improvement works e.g. building an extension. (If the works are for maintenance, the party seeking to erect the scaffolding could apply to court seeking an Access Order under the "Access to Neighbouring Land Act 1992" and the resulting order can require a neighbour to permit access on certain terms the court considers to be reasonable.) It's not absolutely clear from OP's post if her neighbour's work is maintenance or improvement.

There have been a number of cases where Insurance Companies have withdrawn cover after potential claims.

Ultimately your neighbour is liable for their contractors what you need to do is make sure that they are aware of this.

If the builders insurance doesnt pay they do

Indeed but its up to the neighbour to proved proof that they have that legal right for those particular works. Additionally there is no requirement that this should be done without recompense or without formal documented limitations and safeguards.

Not RTFT so apologies if this is repeating advice, but you may need listed building consent for this so don't be bulldozed into this without legal advice. Frankly, it sounds like a complete ball ache so if it's something that they could work around I'd be pushing back. If there is no other choice and saying no will mean they can't do the works, I'd consider it but only with lawyers involved and a watertight contract including timescales with penalties for exceeding, on-going payment for inconvenience, loss of privacy & parking until scaffold is removed and 100% certainty on what happens if there is any damage.

I’m afraid you can’t deny access to your land for your neighbours to work on their property but you can deny permanent erection of scaffolding. Personally I think it’s unreasonable to do so, but that’s up to you. Ask for a timeframe
In order to stop stuff falling on your property ask for the scaffolding to be covered,
Have a condition survey of your property done if you think it may be damaged and use the Party Wall Award if it’s relevant.

In terms of insurance it depends whose scaffolding it is but from your point of view the neighbours are responsible. If your property is damaged it’s the neighbours you approach to make a claim. They pay up. The neighbours then claim from the builders or scaffolders…not you.

The neighbours themselves are not living in the property at the moment.

CF... good for them, but what exactly have they done to acknowledge and apologise for the nuisance they are creating for people who do live on site/ or right next to the site?

That would be an important element in my answer frankly.

This post makes a good point @TubeScreamer , in your OP you say This is apparently necessary to access their roof. They will also use it to paint the side of their house at the same time.
Is it the only access or the cheaper/more convenient for them/the builders?
If it's not essential, given how the builders have already behaved, I would say no. If you have to say yes, can you have a ring doorbell type camera facing your garden/house so you have evidence of any damage being caused by the builders?

That only applies to essential maintenance where there is no other way to access and you don't have to allow it without appropriate recompense and protective terms and conditions.

Only they don’t have legally permitted access to put permanent scaffolding up.
They can access on foot or use ladders. Nothing permanent.
To put up something permanent OP could refuse then they would have to prove need and in so doing OP could have more legal protection of her property factored into the agreement

Agree
It includes upgrading and building works also.

Thank you for all the responses. I never expected this to take off as it has.

Been out all day and about to go out again, so will read and respond properly later with explanatory diagrams which might help!

really appreciate the help

From the Which website. Repairs and maintenance only.
"For properties in England and Wales, the situation may depend on what works are necessary. The Access to Neighbouring Land Act 1992 (“the 1992 Act”) enables a property owner to apply to the county court for an access order, permitting them to access neighbouring land in order to carry out ‘basic preservation works’.
'Those works: i) must be reasonably necessary for the preservation of the property owner’s land; and ii) cannot be carried out, or would be substantially more difficult to carry out, without entry onto the neighbouring land.
'So for example, if your neighbour needs to undertake repairs to their roof and they can only access this part of the roof from your property, it would be likely that, if you did not agree, they would be able to apply to court for an order under the 1992 Act permitting access.
'The court has the power to set down appropriate terms of an access order, including how and when the work is to be carried out and providing for compensation for any loss or damage caused, which could include damage caused to your lawn, if necessary.
'However, do bear in mind that the 1992 Act only applies for ‘basic preservation works’, so if your neighbour intends to make an improvement or addition, for example an extension, then the 1992 Act will not apply and, if you were opposed, your neighbour may not be able to require you to permit access".

It's another no from me. The hassle and the builders bad attitude make it sound like it would be too much trouble with you not getting anything out of it.

It's not so much miserable people, it's people who have been burnt.

Losing your parking for MONTHS
Losing the use of your garden all summer due to shit everywhere
Losing all privacy in the garden all day
Work from home disrupted by noise right outside the window
Shouting, music blaring, already rude builders now on your property giving zero fucks about you
Not being able to get rid of the scaffolding for months after the work is done as they often leave it there until they need it for another job and just ignore all calls to remove it
Damage. Bad damage to your garden/driveway/ paving and house and denials it was them. Even with photographic evidence

Hours and hours and months of stressful legal process to try to get compensation that never materialises

OP, when you do come back we need you to clarify if the work your neighbours are doing is maintenance (in which case you will, ultimately, have to give them access to your property, even if they have to get a court order to get it) or improvements, in which case you don't have to allow them access.

The builders and scaffolders are 2 different companies.

@ERthree whether it's the builders or scaffolders then the neighbours don't seem to be keeping their tradespeople in check