Neighbours scaffolding – Am I being unreasonable?

rpc

You agree, after he covers the damage to your car and provides a certificate of insurance showing that he is insured for any damage or injury caused[1].

He will be leasing the scaffolding, so the other condition is that you get to meet the contractor. You make it clear to them (and provide this in writing too) that you are happy to provide access, provided that your own is not restricted. This runs for X weeks from Y date to Z date and the scaffolding must be removed by Z date (at which point the contractor would be trespassing). You will notify the contractor of any change directly and in writing.

You also get him to agree to abide by the council policy on construction work noise (most have times like this http://www.royalgreenwich.gov.uk/info/412/pollution_control-noise/654/noise_from_building_works). There may also be conditions on the planning permission relating to this.

He gets his extension, you ensure that your interests are looked after. Everybody wins.

Anyone who damages your car and responds with a simple "I apologise" does not get the benefit of the doubt IMHO. They have already shown their attitude towards the work.

[1] I suspect that, as a DIYer, he won't be able to get such insurance. But that is his problem, not yours. No indemnity = no permission.

chrisdisco

Thank you everyone for your comments and suggestions. I havephoned my house insurance company this morning and they said it is fine for himto put scaffolding on my property and any damage done would be claimed from hisor the workers insurances.

I can live with the inconvenience, that’s not a problem aslong as I’m not taken advantage of and the dates are set in writing. Because hewants to have scaffolding to build the wall and then have it again to render thewall, this make me think he might try to leave it up. Does anyone know howscaffolding companies work? Do they charge for the erection and removal of thescaffolding with a rent charge per week, or do theycharge per job with no restrictions on time?

I did speak to him again briefly this morning and asked aboutthe insurances. Worryingly, he said that his builder didn’t have insurance. Hesaid that because he has public liability for his business, he could claim onthat if anything went wrong. I have asked for the details of this as im notsure this covers work on your own property. Also, I’m not sure if it wouldcover construction work when his business is working on chimneys.

The last thing I want is to create any bad feeling but I dofeel this is a one way street with me doing all the giving. I didn’t put any objectionsin to the planning permission and just said that I didn’t want any windowsoverlooking our property which he was happy with. As for wanting the favour returnedone day, the new building wall is 30cm from the boundary at its closest point.I wouldn’t be able to use any of his land for Scaffold on my property even if Iwanted too. I can’t see that there is anything else that I would do that would inconveniencehim.

When he first mentioned to me about the scaffolding, he didtry to get me to give him more land at the front of our house. He said that hehad given us land at the rear of our garden. This wasn’t because we asked butbecause he wanted to have a straight fence. He then said that he didn’t want togo to the council to dispute the boundary and that if I gave him land at thefront it would settle the matter. I said no straight away to this. Where hewanted the boundary to go was almost in the middle of my drive! We plan toextend one day and that would have impacted the size of extension greatly. Withthis issue in mind, I have now cemented the boundary gravel boards into place.Not only does this mean he can’t move the boundary, it also helps with my drivebeing done J

Lara44

In my experience scaffolding companies like to leave the scaffolding up until it is convenient for them to move it. Our house borders an estate car park and we had to temporarily put some scaffolding over the parking spaces to replace rotten windows. We had a difficult time getting the scaffolding moved on the agreed date despite all being arranged in advance, so do beware OP.

Sounds like if you give this neighbour an inch he will take a yard :eek:

gwynhughes

*Robin* wrote: »

Charge rent per week.
Insist on insurance and a written agreement.

Set a time limit for the scaffolding to be up, a reasonable timescale agreed between both yourself and your neighbour. But if he goes over the allotted time then you have a clause in your written agreement that he pays a set amount per week.

As he's doing it himself, alarm bells are ringing here! You must make sure you are happy, I've been in this situation not nice with a stupid ignorant neighbour!
Let us know whats happening?

rpc

chrisdisco wrote: »

any damage done would be claimed from hisor the workers insurances.

What insurance?

Hesaid that because he has public liability for his business, he could claim onthat if anything went wrong.

Every public liability policy I have seen includes cover for activities related to normal conduct of the business (or similar words). If it isn't a normal business activity, it is unlikely to be covered.

Also, I’m not sure if it wouldcover construction work when his business is working on chimneys.

Might do, might not. It depends on the wording and the nature of the work he does. Perhaps more likely if he does building work on them.

But then work he does on his own home isn't a business activity...

As for wanting the favour returnedone day, the new building wall is 30cm from the boundary at its closest point.

Does the work fall within the Party Wall Act? How close is his building work to your building?

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/207310/Party_Wall_etc._Act_1996_-_Explanatory_Booklet.pdf

moneyistooshorttomention

chrisdisco wrote: »

When he first mentioned to me about the scaffolding, he didtry to get me to give him more land at the front of our house. He said that hehad given us land at the rear of our garden. This wasn’t because we asked butbecause he wanted to have a straight fence. He then said that he didn’t want togo to the council to dispute the boundary and that if I gave him land at thefront it would settle the matter. I said no straight away to this. Where hewanted the boundary to go was almost in the middle of my drive! We plan toextend one day and that would have impacted the size of extension greatly. Withthis issue in mind, I have now cemented the boundary gravel boards into place.Not only does this mean he can’t move the boundary, it also helps with my drivebeing done J

Am I reading this right? He was the one that wanted the fence in back garden to be straight and made it that way. It sounds a bit "rich" now to try to translate that into "I gave you that land".

Have you got proof that its his fence and he was the one who decided to make it straight?

He "doesn't want to go to the Council to dispute the boundary" shows up, firstly, that he isn't that intelligent (as people don't involved Councils in boundary disputes). Your laid-down concerns are thought through very clearly/made totally plain. So far, you are coming over as more intelligent than him:D

For him to try and threaten you with a boundary dispute (about something he initiated in the first place) if you don't fall in with his wishes has a name for it. That name is "blackmail".

meritaten

your neighbour sounds a right arrogant twonk! as others have pointed out - he is not a builder by trade but is building his own extension.
his business insurance is hardly going to cover him 'at home'.
he seems to think you should fall in with whatever plans HE has - no matter the inconvenience to you.
Everything sounds like a recipe for disaster to me. but, If you do let him go ahead I hope it all goes well for you.

atrixblue.-MFR-.

He May have planning to do this, but does he have the correct knowledge in buildings code and know that at key points he must have it signed off by a buildings inspector.


It maybe worth calling your local council to inform them a brick extension is to be DIY erected by your neighbor, and that they should keep a fair eye on his build. Its worrying that he intends to DIY his extension with no experience in the trade and may have no knowledge of buildings code.

chrisdisco

I have just bumped into my neighbour whilst doing work on my drive. All started out friendly until he told me that the scaffolding was going up next week. I said that I hadn't received the insurances and he said the scaffolder would bring them. I said what about the builders insurance, to which he get again said it was covered on his public liability insurance. I said I need a copy of that and does it cover work on your own house. He said that I couldn't stop him and the builders needed to work safely. I said that's fine, but I need to see the insurances. To which he said that he was starting to get annoyed and angry and stormed off into the house.

He obviously isn't listening to me and he's the type of character that could get quite nasty if caught in the wrong mood. Needless to say this has me worried.

To make things worse, I enquired at the local police station as to my stand in the law and what if he starts putting it up? They just said that it would be a civil dispute and i would need to go through a solicitor if he erects it. I also spoke to the council and they pointed me to environmental health. I haven't spoken to them yet but I'm not sure they would deal with this.

I'm now at a total loss. I don't really want the cost of a solicitor but just want things done correctly. How should I proceed now or should I give up?

Armchair23

I've been on both sides of having problems with getting scaffolding removed. As the person who ordered it and as a neighbour.

Even if you're the person who's paid and has asked even BEGGED for them to come and remove it, it can be a massive task.

Scaffolders tend to use the buildings as 'storage' so only come and remove scaffolding when they've got they've got a job to move on to.