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Neighbours wants to put scaffolding on our property

309 replies

TubeScreamer · 21/02/2025 11:10

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.

OP posts:
JohnofWessex · 21/02/2025 16:25

ERthree · 21/02/2025 16:23

The builders and scaffolders are 2 different companies.

Thats quite normal

ERthree · 21/02/2025 16:28

Smokesandeats · 21/02/2025 14:22

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.

No scaffolding company will touch a scaffold erected by another company that is still trading. They have no right to touch and and would not be insured to strike it.

Stirabout · 21/02/2025 16:34

Party wall awards etc
make allowances for and including building works.

Dont know that which has much to do with it tbh

Stirabout · 21/02/2025 16:35

godmum56 · 21/02/2025 15:58

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".

Oops meant to tag. See above

Stirabout · 21/02/2025 16:37

Suggest you talk to Party Wall surveyor OP to get your correct legal advice.

thepariscrimefiles · 21/02/2025 16:41

ERthree · 21/02/2025 16:23

The builders and scaffolders are 2 different companies.

They are, but they are both employed by OP's neighbours who seem quite cavalier and unbothered about the noise, disruption and damage to OP's property. Therefore, I would be disinclined to do them any favours.

Butterfly292828 · 21/02/2025 16:46

We came home to scaffolding half way across our driveway, neighbors or builders didn’t ask our permission.
my husband went nuts & told them to take it down as we couldn’t park up.
The neighbor was a good friend so he relaxed & said they could use a foot of our drive, & I would park on the road.
3 months later, what a mess they left behind, our glass roof was absolutely filthy, they didn’t sweep up the debris- it caused some friction between us & our neighbours. In the end I billed them for cleaning our glass roof.
Luckily we still have our friendship (they have since moved).
our new neighbors want put up a balcony- can’t wait for them to mention scaffolding, because it will be a firm no from me.

JohnofWessex · 21/02/2025 16:47

Do the neighbours know about the builders behaviour?

If not have you made them aware?

HellsBalls · 21/02/2025 17:38

When the landlord had my building renovated, they said ‘two months, max’.
Six months later, after the summer was ruined, it was still up.

godmum56 · 21/02/2025 17:45

Stirabout · 21/02/2025 16:35

Oops meant to tag. See above

who did you want to tag and why?

WallaceinAnderland · 21/02/2025 17:46

I would not allow this. It will be a complete headache.

TubeScreamer · 21/02/2025 18:01

I will try and answer some of the questions. Apologies if I miss any. This will be long!

Neighbours’ work has been a combination of building a huge extension and renovating the existing old (and listed) building. They currently have scaffolding at the front of their house to roof height, to repaint the brickwork and replace the windows. The jobs they want to do with scaffolding on our drive are repaint the render - their wall being immediately adjacent to our house - and remove and rebuild the roof.

The damage from previous work wasn’t huge but enough to be annoying. They repaired some brick work on their wall but from our side (our garden) and wrecked our grass by the wall, left lots of concrete that is now impacted into the soil, etc. Neighbours have been made aware and offered the send the builders round to sort it, but we would rather not have them and do it ourselves.

We plan to stay here for many years and don’t want to fall out with them, and we live in a small village, so I don’t want to say no just because I can.

We have a much wider drive than them - fits 2 cars side by side - whereas they have space for one car, so I guess it’s easier ti approach from their side.

There would be an option to park on the road for us but it would be annoying, and unlikely to be immediately outside. Builders’ vans take up most of the space nearby.

The only way they could paint their render would be from our side. I don’t have such an issue with that because either wouid be a fairly quick job.

Even with scaffolding, I think access to some parts of the roof will be tricky. we have an outbuilding with sloping roof adjacent to their house.

Like the idea that our insurer might not allow it and will make enquiries.

OP posts:
Stirabout · 21/02/2025 18:07

godmum56 · 21/02/2025 17:45

who did you want to tag and why?

I forgot to tag you godmum, you tagged my post so I responded
My post at 16:34 was my response
Hence the
‘forgot to tag see post above’.
😀

AngelicKaty · 21/02/2025 18:09

@TubeScreamer So, the reason for the scaffolding is maintenance then i.e. painting their render and re-roofing? In which case, they do have access rights to your land which they could enforce by getting a court order if you refuse access. Since you've said you don't want to fall out with the neighbours, it would make sense for you to agree, but put the agreement in writing with the stipulations you need (including any your own insurer insists upon) so you have protection if anything doesn't go to plan.

Stirabout · 21/02/2025 18:15

TubeScreamer · 21/02/2025 18:01

I will try and answer some of the questions. Apologies if I miss any. This will be long!

Neighbours’ work has been a combination of building a huge extension and renovating the existing old (and listed) building. They currently have scaffolding at the front of their house to roof height, to repaint the brickwork and replace the windows. The jobs they want to do with scaffolding on our drive are repaint the render - their wall being immediately adjacent to our house - and remove and rebuild the roof.

The damage from previous work wasn’t huge but enough to be annoying. They repaired some brick work on their wall but from our side (our garden) and wrecked our grass by the wall, left lots of concrete that is now impacted into the soil, etc. Neighbours have been made aware and offered the send the builders round to sort it, but we would rather not have them and do it ourselves.

We plan to stay here for many years and don’t want to fall out with them, and we live in a small village, so I don’t want to say no just because I can.

We have a much wider drive than them - fits 2 cars side by side - whereas they have space for one car, so I guess it’s easier ti approach from their side.

There would be an option to park on the road for us but it would be annoying, and unlikely to be immediately outside. Builders’ vans take up most of the space nearby.

The only way they could paint their render would be from our side. I don’t have such an issue with that because either wouid be a fairly quick job.

Even with scaffolding, I think access to some parts of the roof will be tricky. we have an outbuilding with sloping roof adjacent to their house.

Like the idea that our insurer might not allow it and will make enquiries.

Your insurer won’t stop them doing the works and tbh if your property is damaged ( as previous post do a condition survey, at least get out their with a camera ) it’s down to your neighbours and their insurance company. Or they just pay up themselves and get it back off the builders.

As my pp. get the neighbours to insist the scaffolding is covered up. This will stop paint and bits of render or roof tiles etc falling into your property.

Take pictures of your roof on the outbuilding adjacent to their property. Put in writing that your roof is not to be used for access ( yes it happens ). Note to them that this is both to protect your own property and for Health and Safety reasons. ( if they walk on it and fall through they could sue you )

Shinyandnew1 · 21/02/2025 18:20

Anyone taking my parking space would be a no from me!

Is their driveway out of action as well-I might consider it, if they let me park on theirs.

HellsBalls · 21/02/2025 18:26

If the scaffold takes one spot, you cannot park next to it anyway because of inevitable falling debris or ladder or lift.

If you let them do it you are well within your rights to ask for a £10k deposit retainer for damages, overrun etc. The solicitor will know what to do.

TubeScreamer · 21/02/2025 18:27

Their driveway is tiny and very much part of the building site.

OP posts:
Flossflower · 21/02/2025 18:30

@TubeScreamer really your neighbours should have offered to send gardeners, not builders round to your property to sort out the mess. I think you are being a bit of a push over. Of couse you want to stay on good terms with your neighbour. Just suggest the cantilever scaffolding. My friend went out of her way when new neighbours rebuilt the house next to her after they had got what they wanted they hardly spoke to her.

TubeScreamer · 21/02/2025 18:32

A very rough and ready diagram. Not sure how much it helps!

Neighbours wants to put scaffolding on our property
OP posts:
thedogatethecattreats · 21/02/2025 18:44

Of couse you want to stay on good terms with your neighbour.

but why is this always one-sided?
Neighbours create disruption for months, are not even on site so don't feel the impact and want to create even more. Why is it always on the "victim" at the receiving end to keep the peace?

They shouldn't lose their parking space

and I don't get why the scaffolding for the roof can't be on the other side?

TwinklyPearlPoster · 21/02/2025 18:45

by the standards of MN that is an ace diagram

Yes, It does look hard to do without access to your property. I am assuming your outbuilding is attached to their house.

It is still reasonable for your neighbour to ask the question of their scaffolder as to how it could be done and what the cost will be.

Without this knowing this, neither you or neighbour can tell if it is reasonable.

Good luck

Stirabout · 21/02/2025 20:39

From your diagram it looks like they’ll need a flying scaffold over your outbuilding roof.
Assume thats what they are doing.
Its really the only way to maintain that.

Mirabai · 21/02/2025 20:56

Why can’t they put the scaffolding on the other side?

Stirabout · 21/02/2025 20:59

Mirabai · 21/02/2025 20:56

Why can’t they put the scaffolding on the other side?

Then the scaffold would have to cantilever from the roof down. Which is a real no no and given the scaffolding poles sizes not structurally possible.