Neighbours builder making a mess on my property

Hi

I have been on holiday only to return and find the builders next door or in full swing of an extension. Which i did know about.

However they have made a mess and dust and small pieces of rubble have come over onto my driveway, and completely covered the car. The car has a few scratches and a chip in the windscreen.

Also they have built part of the scaffolding on top of our garage, without our permission. I don't see any damage, but its hard to say at the moment until they remove the scaffolding.

I just wanted to know what rights do I have? I will try to resolve with the builder, but if he gets unreasonable, just wanted to know what my steps would be and who would I go to.

Any advice would be appreciated. Thanks in advance.
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Comments

  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
    Part of the Furniture
    You have every right to ask your neighbour to get the builder employed by him to remove the scaffold from your property.
    "You were only supposed to blow the bl**dy doors off!!"
  • dave82_2
    dave82_2 Posts: 1,328 Forumite
    Do you get on with your neighbour? If you do I would just have a quiet word pointing out the mess and damage. They should arrange with the builder to make good. Don't think you should have to approach the builder directly.

    I must admit that I have been on the other side of this where I got home and the builder had put some scafold on my neigbours roof. I didn't know they were going to do this or I would have let them know before hand and got the ok with them. Like your neighbour I had made them aware of the work I just didn't think that it would involve their house!

    Again I would just mention to the neigbour that you would appreciate being told if your property is going to be utilised during building works. You could also say to the neigbour you are happy for your roof to be used but would like a copy of the builders liability insurance so you can be sure any damage to your property is covered. If they can't produce the correct insurance I wouldn't want the scaffold on my property.
  • hsupeda
    hsupeda Posts: 19 Forumite
    Thanks for all your replies. I have talked to thbuilder, and he has said they said as we were all in holiday they had no choice!

    They have repeatedly said they will cover any damage, and said would clean up the mess. However the mess is still there, they said they pay for any damage to the car. So after i cleaned it up I told them about chips to the windscreen. They say that any cost they ate willing to cover, but contract by saying it's free on insurance, blah, blah. Basically try to talk themselves out of it.

    Even the scaffolding on the roof, they have said if there is any damage then they will sort it out, but I get the feeling they are hit and run merchants! They also admitted to burning some of my back fence, when they were burning wood. Again they have offered to replace it. But the way they talk I don't get that feeling.

    Sorry for the long rant! Does any one what legal steps I could/should take. Don't want to get a solicitor involved just yet, however could I talk to the council? Or anyone else?

    Any advice appreciated

    Thanks
  • vax2002
    vax2002 Posts: 7,187 Forumite
    The builders may have several CCJ's already, I would photograph any damage on 35mm film and keep the negatives, then write to the neighbour and builder holding the jointly responsible giving them 7 days to rectify the situation or you will issue county court proceedings, if they dont, get the repairs done and sue them jointly
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • RuthnJasper
    RuthnJasper Posts: 4,032 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Agree with Vax. Be certain to take photos of damage, close-ups of chips to car, etc., and get them time-stamped if you can. You could then put your complaint to the builder in writing (send it through the post or email - don't just hand it personally to the builder or one of his crew). If - and it quite probably won't come to this - you have to go down a legal route, these photos will be vital.

    I have recently been through a slightly different but similar experience. Had builders in for a new kitchen and bathroom, some of whom made a complete mess, involving water coming through ceilings and getting themselves into my bedroom and doing something unspeakable with my duvet. I am NOT a complainer by nature, but I had no other options. The firm tried to bluff/wriggle their way out of it - but their squeaks went nowhere when I wrote to them formally with copies of the photos, which I'd taken of the fruits of the "builder's" efforts.

    Good luck - hope you get this resolved without too much hassle or falling-out with your neighbours. x
  • keystone
    keystone Posts: 10,916 Forumite
    vax2002 wrote: »
    The builders may have several CCJ's already
    I think you may be a convicted fraudster.

    Cheers
    The difference between genius and stupidity is that genius has it's limits. - Einstein
  • themull1
    themull1 Posts: 4,299 Forumite
    And get some money now, not when they've finished the job, they might just disappear.
  • vikingaero
    vikingaero Posts: 10,920 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    edited 18 April 2014 at 12:13PM
    They may have told you about the works but you may not know when they start and may not be around when they start. Why should you have to rearrange holidays to accommodate them?

    Take steps now and take photos. Tell them now what you want done and immediately. If not tell them you'll remove the scaffolding and charge them. The builder sounds like the usual skanky wishy washy builder. It's your home and your car. If you don't like it then stop them. Speak to your neighbours too to put pressure on them.

    My parents were asked by their next door neighbours builders if they could erect scaffolding to construct a chimney. They agreed and return to find the chimney built, but their shed broken into, their broom caked in mortar, their spades and shovels used to mix mortar and not cleaned, no tarpaulin/mat was used to protect the patio when the mortar was mixed, and the rubble and leftovers shoved into their wheelie bin. In the end the neighbour sent someone round to repair the shed, replace the tools and lay new slabs and he deducted the amount from the builders bill.
    The man without a signature.
  • ian103
    ian103 Posts: 883 Forumite
    I would insist on the neighbor removing the scaffold until issues resolved. At least with the job part complete they can negotiate with the builder on your behalf, once complete you could end up with no comeback
  • Rotor
    Rotor Posts: 1,046 Forumite
    Part of the Furniture 500 Posts
    It might be a good idea to get some estimates of costs and take them to your neighbour. they can at least then withhold that amount from their payment to the builder until they have remedied all problems. I agree with your suspicion that the builder will just put off the repairs until job is finished then go missing.
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