Allowing neighbour to put scaffolding on my drive?

Grumpelstiltskin

I hope I have posted this in the right place, I would like people's thoughts on the following.
The house next door to me has been sold and the new owner has told me he intends to demolish it and rebuild on the site. Now the existing house is built right up to my boundary, my drive separates the two properties. His site is narrow and the only way to rebuild would be again right up to my boundary.
He has asked if I would be prepared to let him put scaffolding on my drive whilst he does the work. I have said straight away no, I want to be able to get my car into my garage at the back of my house and basically although I want rid of the eyesore the neglected house has become I don't want any hassle.
What do you think of this situation? He hasn't even applied for planning permission yet, although he tells me he has spoken to the planning department and verbally they have said no problem.

wallbash

although I want rid of the eyesore the neglected house has

How else are you going to get rid of the house.??

mymatebob

Maybe he will pay you for the use of your land?

Old_Git

say yes, provided you can use your garage

Grumpelstiltskin

This is one thing I am wondering, has anyone had this situation and perhaps drawn up an agreement to cover things like how long the scaffolding will be in place, can I charge him 'rent' for the use of my drive etc.? I don't want him to put it up making me leave my car outside all winter and then start the job and not finish it. Does anyone know what the legalities of this are?

Iguana

I am not a legal expert, but who is responsible for insurance/liability if someone on the scaffolding/errecting the scaffolding/doing the building work has an accident when it is on your land?

Pretani

Personnaly I wouldn't charge him as it doesn't seem worthy of a fee, but it would be in his interest to give you a good thankyou present if you allowed him use of your drive. If there's room for your car to be parked safely somewhere else, then he might see it as a good gesture

Grumpelstiltskin

Problem is the only other place to park in is on my small front 'garden'. When I insure my car they always ask where it's kept, to which I answer in my garage. Past experience tells me that cars parked on the front ( not just mine, anyones on the street) are likely to be vandalised, mirrors ripped off, eggs thrown etc. and what if this happens and my insurance company turn round and say 'you say it is kept in your garage'
Again the point about what happens if there is an accident, I just don't want that hassle
I could see my insurance company refusing to pay out leaving me to chase the man for my costs.
I want to cover myself, it's his choice to do the work and why didn't he come and speak to me before he bought it?

slummymummyof3

Building up to the boundary will require the party wall act; in some cases the PWA also covers access rights (for the building owner to carry out works) by placing scaffolding on the adjoining neighbours' land. However this depends on the works to be carried out. Otherwise in addition to the PWA award, a seperate access agreement can be drawn up. It would be in your interest to allow access otherwise the building will have to be built 'overhand' and thus pointing would be difficult - from an aesthetics point of you, it is better for you if the wall is correctly pointed. Building overhand is also a much slower process - do you want the work carried out swiftly or to take longer? PWA has nothing to do with planning or building regs, it is an entirely seperate piece of legislation. When you are issued with a PW notice, you can dissent from the works and either appoint the building owners surveyor or your own (under the act, all reasonable costs associated with the award will be met by the building owner - unless you are also considered to be benefitting from the work). If you do not respond to the notices, the building owners surveyor will automatically work on your behalf. Your neighbour should not start to dig foundations etc until the award is drawn up!

Grumpelstiltskin

Slummymummy thanks for that, that's just what I wanted to know. I want everything to be done within the law, and yes I can see it would be easier to allow him to work from my drive but like I say I need to know exactly what I can and cannot say and how I can protect myself.

jb66

Maybe ask him to get his lawyer to draw up a contract where a set date will be made for completion of the work, every day after that date a £20 inconvieniece fee could be paid to you.

That way it is in his interests to get the work done quickly and efficiantly, it will get the eyesore away from your house also on the flipside if he is late £140 a weeks not bad for nothing!