Neighbours scaffolding partially on my property!!

Hi Wendy.

At the moment we are having a house renovated, it is literally half a dozen steps from the small back garden of our present property. We have scaffolding up at the moment. Our scaffolding doesn't encroach onto our neighbour's property but our builders, as a matter of course and out of politeness, did speak to our neighbour to inform him that the scaffolding would be going up. The neighbour voiced concerns that he had (because he'd had problems in the past with scaffolding when the previous owner had some work done) and our builders reassured him that the scaffolding would not touch his property and if, by rare chance, any damage was caused they would rectify it.

I have to say I do cringe at the volume they play their radio, we can hear it if we're in our garden, and just hope the neighbours aren't too disturbed by it. They seem to want a background of music and need it up loud to hear it whilst they're working. Doesn't do anything for me personally but we're all different!

We have spoken to our neighbours and asked them to let us know if they have any problems with anything whilst the builders are here. Luckily, after a problem one neighbour had with where the skip had been placed and my OH sorting it out, everything has been fine. The neighbour who complained about the skip has even had the builder who owns the firm in his house for a cuppa and a tour round, and has been recommending him to anyone who asks about him!

I think your neighbours or their builders were very remiss in not speaking to you initially and asking your permission for the scaffolding to come onto your path. And to leave rubble and rubbish on your property is not on.

However, I think you have to think about your relationship with your neighbours. Do you get on with them and are friendly? If so, making them take the scaffolding down is going to cause a rift between you which you probably wont heal.

Is the fact that the scaffolding is on your path causing you any problems?

Perhaps a calm, quiet word with either your neighbours or the builders might be what's needed (rather than "didnt do anything except mutter to the workmen") to try and work out a solution you are happy with. Something along the lines of you are "willing to allow the scaffolding to be on my path, although I would have preferred it if you had mentioned it to me prior to work starting, if you are willing to be considerate and not let any rubbish or rubble come onto my property", sort of thing.

I do agree that you should have been approached initially but a bit of give and take for the sake of keeping the peace with your neighbours might be the way to go.

wendywhite wrote: »

Hi hope this is ok to post here but next door neighbours (local authority house) has got scaffolding up some of which has been placed over an adjoining wall onto our front path, without permission. Initially I was a little annoyed but didnt do anything except mutter to the workmen, now they have been distinctly unhelpful and I have found some rubble and rubbish on my property, also asked them to keep the noise down today since hubby working night shifts and of course they didnt (big ask I know). My question is what are my rights? Can I stop the work and make them take it down (they say they cannot put any of it up without coming onto our property) do I charge them?????

Is your house local authority too?

You should also consider the effect this may have on your home insurance. I believe that scaffolding on an ajoining property can invalidate your policy. Not sure if this is the case for all insurers, but may be worth looking into.

What is the scaffolding for?

They have no rights to put it on your land if it is there for new building work such as an extension. However you can put scaffolding on a neighbours property for essential maintenance to your own property. I forget which law this is under, but we had to enforce it when our neighbour objected to scaffolding which was needed to replace rottern facia boards on our gable end. Due to the narrow distance between the properties, it encroached onto the paved area outside their house by a few inches.

If they throw rubbish/rubble onto your property, they should clear up after themselves.

If the noise is within daytime hours, you can't really complain about it. I know it must be frustrating. My toddler and husband (shift worker) were both asleep a few weeks back, when some builders turned up next door to replace his front step and they were cutting bricks with a saw. Neither got any sleep and they were both grumpy!

Scaffolding encroaching on the neighbours land would probably come under the Party Wall Act. What work are they having done? Are you a local authority tenant as well?