Neighbour wants to erect scaffolding in my garden

sw_jay

Hi.

My mum lives in a terraced house. Her neighbour recently notified her that he required some urgent repairs to his roof which would require scaffolding to be erected in her garden so the roofers could have easier access.

In theory we have no problem with this as the work is necessary, however the scaffolding will need to erected on one of the flowerbeds in my mum's front garden. In order to prepare a base for safe erection of the scaffolding, the scaffolders will need to dig out a large number of mature trees, shrubs and plants. My mum has worked extremely hard to make her garden look nice and it is her pride and joy. She is very upset at the thought of these plants being ripped up, not to mention the cost of putting things right after the work is done.

My question is what legal protection do we have for any damage that is caused by the scaffolders? Will they (or the neighbour) be responsible for putting things right at their own cost and if so how do we ensure that something is put in place to ensure we are safeguarded.

We do not want to cause any unnecessary delays or problems for the neighbour however it does not seem fair that we should sustain the cost and time to repair the damage.

If we are not protected, can we refuse to allow the work to go ahead?

Much appreciated, Jason

Valli

A colleague of mine had to consent to his neighbours doing building work on the party wall and they had sight of the insurance policy the neighbours were obliged to take out in case there were issues.

Whatever you and they agree to - GET IT IN WRITING. And make sure you know who is going to foot the bill for the 'making good'.

Others who know motre than me will be along shortly I'm sure.

wiogs

Ask to see their insurance policy. Get, in writing, from them an assurance that they will reinstate the garden to the standard it is now and if they are unable to do so they will pay for all costs to do that.

In writing.

Proc

And take lots of photos of the garden now with close-ups of the plants etc. Date stamp if possible (e.g. a copy of a recent newspaper in the photo). If they dispute how it was before you have evidence.

somethingcorporate

I'd politely decline without the above written assurances.

sw_jay

Thank you all for the quick response.

I will certainly put something in writing.. Can I ask, who is ultimately responsible for any damage?

Is it the scaffolders doing the work or is it the neighbour who has instructed them to carry out the works? I want to make sure I get assurances in writing from the correct people.

Thanks

peachyprice

https://forums.moneysavingexpert.com/discussion/4683913

There's a very similar thread here.

mttylad

The neighbour is responsible as they are the ones hiring the contractor.
Dont let them fob you off.

You might also insist that before a single bit of scaffolding is put there that they submit a payment to a third party I.E. a solicitor of your choice so that if there is some damage that it will be paid for.

Do not let them put scaffolding there without anything in writing.

And unless there is a big gaping hole in the roof, or its liable to fall in imminently then I doubt its an "emergency".

Leaks and re roofing because the tiles are loose are not emergencies.

bod1467

Just to add ... scaffolding is needed because of health and safety, and the working at height regulations. Tradespeople can't really just get a ladder and work across a roof any more.

ValHaller

Reasonably skilled scaffolders will be able to thread their poles through shrubbery without needing to dig everything up.

cookie365

sw_jay wrote: »

however the scaffolding will need to be erected on one of the flowerbeds in my mum's front garden. In order to prepare a base for safe erection of the scaffolding, the scaffolders will need to dig out a large number of mature trees, shrubs and plants

Need to? It's quite possible that the very cheapest way of erecting the scaffolding will involve this. That's not the same as it needing to involve this.