Neighbours need to put scaffolding in my garden

[Strawberry06]

Hi

My neighbours (semi detached) are building a two story extension and have asked if its ok for the builders to put scaffolding in my garden in order to access the roof.

This has all come at really bad timing as me and my husband have recently separated and he has moved away so I've not had the headspace to deal with it at the moment so haven't given them an answer and now they are really pressuring me.

I don't really want scaffolding in my garden for a number of reasons. They have assured me there will be no damage and that it will be there max 2 weeks but I don't see how they can guarantee. Also, there's a chance I may have to put the house on the market so I don't want it there for that reason.

What are my rights on this? They have said that not putting the scaffolding would seriously impact them and they wont be able to finish the build. Are they right? I don't see why it should encroach on my land!

You are entitled to say no.

But really. It’s very small minded of you. 2 weeks is nothing,

@PomeloOud 2 weeks is what my neighbour is saying. I think he's being optimistic as in my experience, scaffolders tend to leave scaffolding up until its time to take it to the next job, its cheaper for them...

2 weeks vs a lifetime of living there having said no and causing animosity, just do the kind thing I think. You might need them for a favour in the future and life will be hard enough going through divorce without neighbour issues too.

On the one hand I wouldn’t want scaffolding in my garden and you’re under no obligation to say yes.

On the other hand, if you might need to sell, falling out with the neighbours may create all sorts of issues.

Plus, if you make the build more difficult for them then it will probably take longer and therefore be unsightly for longer.

I would get it in writing that they will make good any damage though.

Why would you aggravate them by refusing? We’ve done it for our neighbours and they for us. I think you’re being rather petty.

I guarantee it will be longer than 2 weeks. My dad’s a roofer and has this issue all the time with scaffs. They can’t be arsed taking the scaffolding down and taking it back to the yard so will leave it there until the next job comes up. They’re normally quite messy too. I’d say no personally.

There’s been previous threads about this subject and people have suggested agreeing penalty clauses for every day the scaffolding remains over the time agreed. £100 per extra day should focus your neighbour in ensuring it’s removed on time

It will not be 2 weeks. It’ll probably take another month of you calling and emailing to get them to take the scaffolding down.

It won’t be 2 weeks. Just do a search on scaffolding threads and see stories of it being left until it is needed for the next job. Also debris landing in the garden.

If they want to use your space, I would want a contract that includes fees for going over dates, specified exactly what constitutes damages, sets rules for daily and post project cleanup, and specifies rules for worker behavior. The fees for going over should get higher weekly. Worker behavior should include hours, radios, and smoking.

This. Like with skip companies! They just use people's gardens as storage until they actually need the scaffolding/skip next.

Typically what you find is they can do it without using your property but it will take longer and be messier. If I were you (aside from being a good neighbour) I’d rather not have a pissed off neighbour while I’m trying to sell my house. I can think of all kinds of ways they could make your house less appealing to prospective buyers if they wanted to.

eta - you could put a contract in place that starts charging them if they go over x agreed period of you want to give them an incentive to stick to the time frame.

I’ve recently had some roof work done, scaffolding up on the Friday, roofers tues&weds, scaffolding down on Friday. I would maybe get a contract drawn up that has the dates you agree to the scaffolding and a penalty for each extra day. They can also get it written into their build contract.

I’d be very unhappy too, especially with them pressuring you.
As you say it’s very common for them to leave the scaffold up for extended periods. It’s also very common to cause damage and mess, and once they’ve gone you have little chance of doing anything about it.
There will always be an alternative way for them to do it, it will just be more difficult and expensive.
If you do let them go ahead, make sure you have an undertaking in writing from them to make good any damage within a specified time. They’ll assure you that this won’t be needed because there will be no damage, but insist.
Take before and after photos for proof.

I've had scaffolding up twice in the past few years, and both times as soon as the work was done the scaffolders were there the next day to take it down, no problems.

If it was my neighbour I'd have already said yes.

We actually did say no to our neighbours in a similar situation. They wanted to put it on top of our conservatory, which would have broken it, and didn't even bother to ask before going over the boundary (and assuming we were OK with it).

If they had asked us nicely, we would have probably said yes if we could find a way for them not to damage our property.

Thank God we no longer live there. They were a nightmare and never even apologised when they damaged the party wall (and we had to force them to fix it).

It is not their only option. It is one option. Probably the cheapest for them. Politely decline.

I’d say yes on the understanding it’s two weeks max

I've never heard of anyone agreeing to this and having no issues. There will be mess and damage, it will stay up for longer than two weeks. It can also be managed without using your garden, it's just more expensive. I'd say no.

Those saying get a contract/in writing etc - how do I enforce this? Surely they can just ignore it?

Neighbours are adamant there is no other way and that they cant continue the build. Though he could just be saying this!

There will always be another way, or will just be more difficult/ costly. Do you have a party wall agreement with them?

We need to put a scaffolding across out conservatory and over next doors into their garden to repair the fascia on the rear of our house. Neighbour refused. ☹️

@Pfpppl yes we do - that was for some beam they needed to put in as part of the new roof for there extension which needs to sit in a pad stone near the party wall

There will be a way to manage without having in your garden but it will be more awkward and probably more expensive. That’s why they push “it’s the only way.”

Personally, we allowed it on both sides for the neighbours. Yes, it was a pain but it didn’t cause any problems beyond having builders clambering around just outside the windows. And it kept things friendly and positive with our neighbours, which is something worth valuing.

I’m surprised they got planning permission for work which involved access to someone else’s property.

If this is need the only way they can build it, they should have cleared it with you before starting. So that’s a no from me….

I think if you need access for repairs they can be forced to allow you access, but it would probably mean taking them to court...