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!

There almost certainly will be another way. They just don’t want to pay for it/have it take longer. Personally I’d refuse for anything other than emergency works, having seen how wrong it can go causing damage to property and scaffolding left on buildings for a month or more after works were complete.

https://www.legislation.gov.uk/ukpga/1992/23/section/1

I disagree. We’ve just had scaffolding up. They made a hell of a mess. They also took over a week to come and collect it at the end of the job, because whilst it was up at our house, they weren’t having to pay to store it anywhere. OP you’ll have no say over how tidy the builders are and over the mess that will inevitably end up on your side. I would absolutely say no to this. I don’t feel it’s small minded. The last thing you need to be dealing with is dirty builders and all their brick dust etc etc when you’ve got so much going on personally. If next door want to build an extension it’s not your job to facilitate that building work.

They can transfer you £1000 up front. For every day over 2 weeks it's there, you can deduct £100.

Ask chat gpt to write you a contract, why them to sign in and take them to a small claims court if they beach it without paying. I suspect the contract will focus the mind sufficiently.

In my experience (extension on our house 2 years ago and loft/side extension to DSs house, the builders got charged 'rent' by the scaffolding company for the length of time required. Consequently, the scaffolding went as soon as viable.

Certainly! Here’s a simple agreement you can use. It’s written in plain English and covers the key points you mentioned. For legal certainty—especially if any dispute arises—it’s advisable to have both parties sign and date it, and ideally, each should keep a copy. You may also want to consider having a solicitor review it if you want extra peace of mind.

Temporary Access and Scaffold Agreement

This Agreement is made on [Date] between:

Property Owner: [Your Full Name]
of [Your Full Address] (hereinafter referred to as “the Owner”)

and

Neighbour: [Neighbour’s Full Name]
of [Neighbour’s Full Address] (hereinafter referred to as “the Neighbour”)

Purpose of Agreement:
The Neighbour is undertaking building works, including a two-story extension, at their property and has requested permission to place scaffolding in the Owner’s garden in order to access their roof.

Terms and Conditions:

1. Permission Granted
2. The Owner grants the Neighbour and their appointed builders permission to erect and use scaffolding on the Owner’s property solely for the purpose of completing the building works.
3. Duration
4. This permission is granted for a maximum period of 14 calendar days from the date the scaffolding is first erected on the Owner’s property.
5. Daily Charge for Overstay
6. If the scaffolding remains on the Owner’s property for more than 14 days, the Neighbour agrees to pay the Owner £200 per day for each additional day until the scaffolding is completely removed.
7. Damage and Repairs
8. The Neighbour agrees to be fully responsible for any damage caused to the Owner’s property as a result of the scaffolding or associated building works. Any such damage must be repaired to the Owner’s reasonable satisfaction and at the Neighbour’s expense.
9. Clean-Up
10. The Neighbour agrees to ensure that their builders remove all materials, debris, and mess from the Owner’s property and leave it in a clean and tidy condition upon completion of the works.
11. Access
12. The Neighbour and their builders shall take all reasonable care when accessing the Owner’s property and shall cause as little disturbance as possible.

Signatures

Signed by the Owner: __
Name: [Your Full Name]
Date: __

Signed by the Neighbour: __
Name: [Neighbour’s Full Name]
Date: __

Let me know if you’d like a version in formal legal language or one that includes witness signatures or additional clauses.

They will be able to access the build another way.

We refused our arsehole neighbours as they couldn't guarantee how long it would be up and the scaffolding would actually give access to our flat extension roof, so would cause a security issue.

They managed perfectly well.

I also didn't want builders in my garden as I had dogs.

If you agree to it now, it's more likely the scaffolding and builders will be gone by the time you're getting viewings on your house. If not now, and they really do need you to do them this favour, then when?

I wouldn't want to try to sell a house with a neighbour dispute on the go. I'd rather have a bit of scaffolding over the fence and explain to potential buyers that you've got good neighbours who'll repay the favour if they fancy putting an extension on.

If you’re in a semi detached, do they not need a party wall agreement?

Are they really going to be willing to transfer the OP £1000 up front?

If you do let them do it, make sure you get them to sign a contract that states that if they go over 2 weeks then they will have to pay you a fee for each day the scaffolding remains in your garden, plus that they will pay you in full for any damage caused on your land, no matter how minor.

Probably this.

I'm still discovering bits of foam padding from our own scaffolding last summer. And the flower beds beneath where they slung planks with abandon have only just risen from floor level. The scaffolding remained 3 weeks after the work was completed. I'd avoid it if you can.

We said no and our cntyfuck neighbours did it anyway.

Don't they have a garden they can put scaffolding on

Goodness. I'm glad I've got nice normal neighbours on both sides. We've all had scaffolding up in the past three years and they've had it in my land and vice versa. Nobody died. All very amicable and sensible.

Does it really matter if it's two weeks or a month? It's some poles, not a slurry pit in your garden.

My in laws agreed to their neighbours scaffolding. The builders drilled into their walls to anchor it and caused a lot of damage to their brickwork. Was a nightmare getting them to repair the damage they caused.

Yes it matters. It can cause damage to the building, is unsightly and it is a security risk as it makes it easier for burglars to access your home. And if you have children it’s an additional hazard for them.

I would not agree to this. It can lead to all sorts of problems.

This was my experience, I had scaffolding on my neighbours property to fix my roof and they took a few weeks to take it down after the work finished even though we were pressuring them. The roofers were a different company to the scaffolders. I'd factor at least a month of scaffolding in your garden into your decision.

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I agree tbh - some really surprising reactions here. I get some people may have had bad experiences but unless my neighbour had been a total a-hole I'd agree without thinking about it.

If you do agree to it, definitely get a signed agreement on terms, including a day rate if it goes over a specified period and agreement to make good any damage. Some builders are great, some are totally careless especially when it's the property of people who aren't paying them.

We said no to our neighbours because they had been arses over the party wall agreement and because of security concerns - their back garden was pretty insecure and the scaffolding would have provided easy access to us.

Thank god we did as their builders did a runner, the neighbours dug their heels in because respectable builders cost more and refused to pay extra to have the scaffolding taken away before new builders could start with their own scaffolding, and the upshot was that the scaffolding (for a simple loft conversion) was there for eighteen months.

Get your own surveyor to oversee this. Party wall agreement they have to pay for this. You are best to have your own independent representation

Unless you have committed to allowing this as part of your party wall agreement you can say no. You may be legally obliged to allow access to your land for basic maintenance. An extension is not maintenance.
Just search through some of the posts about scaffolding. It will give you an idea what you might be letting yourself in for.
Your neighbours will probably promise you the Moon, and may genuinely mean it, but it won’t be within their control.
The scaffolders are a law unto themselves, they’ll bring the scaffolding when it suits them, and collect when they need it for another job. You might be able to get your neighbour to agree to financial penalties for damage and delay, but they are unlikely to be able to get the contractors to agree to be bound by them.
I had scaffolding in my garden for ages, the scaffolders didn’t put any netting in, and I didn’t know it was necessary. The builder’s dropped concrete blocked the gutters of my outbuilding - and no one gave 2 hoots.