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!

PS my neighbours were extremely apologetic, we maintained good relations, it wasn't their fault that they misjudged the professionalism of their builders.

Given your update OP, there’s no way you should agree to it. Building works can cause no end of problems and as you don’t have a contract with either the builders or the scaffolders you will have absolutely no influence over them whatsoever. It’s additional stress you really do not need.

I would just say something like you’re going through a very stressful and upsetting time at the moment and your future in your house is uncertain. As such, you’re not in a position to agree to anything regarding your property.

Following your update, with a toddler and wanting to enjoy your garden over the summer, I’d say no. Our garden is a godsend with our toddlers, there’s no way I’d not want them or me to be able to use it for weeks in the summer because of someone else’s building works. They won’t leave your garden secure, and stuff will be falling off the scaffolding.

I think it’s perfectly acceptable to say you have a young toddler, need secure access to your own garden, and for them to find another way sorry. Esp as you say they aren’t even friendly neighbours or close to you.

I couldn’t say that because they have 3 toddlers and their garden is like a death trap currently, looks like a bomb has hit it! Been like that for 2 years…

I came home from work to find next doors scaffolding in my garden and blocking a door and window. They damaged the window and broke a fence. They trashed the lawn, left rubbish everywhere and even chucked drinks cans into my garden. It was up for four months after the work was done.

@Strawberry06but that will eventually be for their benefit! You definitely shouldn’t have to give up safe access to your garden in the summer, for no benefit to you at all

Oof, these people are master manipulators and their last message to you has really wound me up.

I'd lay good money on the fact that the leak has been there for ages (esp now you've told us their garden has been a state for two years) and they decided they'd get it fixed when the extension scaffolding goes up so they don't have to pay twice. So, whether it's crucial or not is a matter of opinion/further investigation, but not your problem.

Pleading poverty, oh dear god, please. How much is a 2 storey extension these days, 120k? If you can't afford another 1-2k to get cantilivered scaffolding on a two storey build, that's your fault for being financially irresponsible. Most home owners aren't naive or stupid enough not to build a 20% contingency fund into such big works. NOT YOUR PROBLEM.

Setting a deadline of Wednesday because they have building materials coming?Well, that was incredibly stupid of them, assuming you could be bullied into saying yes and then spending money. How every entitled of them.

ALL of this should have been flagged up at architect/initial builder discussion stage, so their lack of prepardness is really not your problem.

But mostly, I came to say this: I've seen manipulators like this before, don't even enter into a discussion about 'no because of my child or' 'no because I want to sell my house' - they WILL find a way to twist it so that you feel bad/they're trying to talk you round anyway.

Keep it simple with no reasons, e.g. 'sorry, I've considered it and my answer is no.'

If they come back arguing the toss, 'our poor roof' 'but we promised to make them behave':

'I didn't come to the decision lightly and I will not be changing my mind. I won't be discussing this further with you.'

No sodding way would they have the cheek to behave in this manner towards a man, how dare they.

Now, some people have rightly pointed out that you don't want to have to declare a neighbour dispute if you're selling, and they're very right to do so, but if I was trying to buy your house and you said 'they wanted to put scaffolding in my garden when I was in the middle of a separation in the height of summer', I'd go 'umm, neighbours are selfish dicks, be wary of them taking advantage, poor seller' and not bat an eyelid further. It wouldn't put me off buying your house. As neighbour disputes go, this one's really, really easy to explain.

Just because they are happy to have toddlers in a tip of a garden, doesn’t mean you have to be ok with it!

And echo others saying that, if they needed to access your garden, they should
have asked before starting work.

They've priced it assuming they can do it cheaper using your garden for access, tough tkitty. They presumable have insurance that will cover any damage caused by leaks if it rains. If it does rain in the next 2 weeks the roof won't get finished so the scaffolding will stay until it's eventually finished. Just say no sorry I am unable to assist you with this, please do not contact me again, they'll find a way.

They should have costed in not being able to put it up in your garden and regarded it as a bonus if you said yes. If they couldn't afford it they shouldn't have started without agreement from you. They're bad planning doesn't constitute an emergency on your part.

Once again sorry for the inconvenience and timing of all this, certainly didn't plan it that way.

Well, this is a lie… presumably they planned it exactly this way!

do you have a party wall agreement in place?

I would respond “I can’t cope with the pressure to deal with it so it’s a no.”

I'd say no too. I'm sure they could do it another way. I'd text back saying, I'm afraid I have to say no, as I may be selling the property very soon. The scaffolding will hinder me from selling.

Of course they planned if that way, the sitd manager would have looked at access, I can't picture why they need access from your side,

Secondary thought - can people in Whatsapp conversations delete the conversion and it disappears off your phone? Pretty sure my US friend has that set on his cos things are bonkers out there atm.

Get screenshots of everything that's been said, including of you saying 'no.'

Well yes, as the OP has said, she’s just split from her partner and has no headspace at the moment- I imagine entering into a potentially protracted and contentious back and forth with neighbours and builders is something she’d prefer to avoid. In addition 2 weeks vs a month is relevant if she’s trying to get her house on the market and sell as swiftly as possible, again, mentioned in the OP

The sooner you say 'No, means no' to them the better. They can make their next move and so can you. They've talked about a date that's next Weds. Bloody hell.
Just make something up: tell them that your ex-husband is demanding you sell the house and that you can't have scaffolding on your land as if he found out he'd be furious. Blame a third party. Tell them so sorry this isn't the time for you, if only they'd done this 2 months ago! But now is not possible.

Fuck that. Don't apologise either.

Reply something like:
unfortunately I cannot accept your scaffolding in my garden at the moment, and at such short notice.

Clear, to the point.
If he moans, just repeat the message. Don't go into stuff with your ex, the neighbours will maybe use that as a way to pester your persuade you.

We had it and also we’ve done it there was minimal impact literally 3 poles stood on flags in the flower bed
wouldn’t cross my mind to say no

Don’t do it!!! Scaffolding is notorious for being there for months - it’s their problem to figure out. Concentrate on you and what you need at the moment.

if you house may need to go on the market that’s your priority right now

Absolutely this!

I like this idea except I’d go for £200 and any damage repaired within a week

It's two weeks, don't be mean, they'll make good any damage etc so just say yes!