Scaffolding/right of access to garden

I_have_spoken

The upper flat owners have, of course, served a Party Wall notice to the Freeholder? A good Freeholder should insist on schedules being prepared to cover the adjoining flats before granting a license to alter.

On a practical note, I'd be more worried about horrendous noise from above while the work is done as much as scaffolding in the garden!

happygirllucky

Thanks for linking that thread, Sailorsam! Interesting reading. Neighbour has no legal right of access to garden and we own garden (not shared in any way).

teneighty

I would go for a written agreement detailing things such as duration scaffolding can be in place, say 4 weeks. Any over run would be charged at £200 per week etc.


Also specify scaffolding must be erected in such a way to ensure you have full access to garden throughout works and full protection such as debris netting and extra boards at low level to protect people in garden from falling debris, like when they put scaffolding above a shop on the high street.


If they wont agree to that just say no to the scaffolding.

Davesnave

happygirllucky wrote: »

Thanks for linking that thread, Sailorsam!

Can newbies not see a thanks button?

I've often wondered.

happygirllucky

Hello,

Sorry for radio silence, have been out all day. Found the thanks button!

Useful to know re the netting to prevent debris. Would that be more unpleasant for the other neighbours in terms of light, though? Without it, though, the garden will be completely out of bounds so essential, I think.

The thing is, the weather is often really nice in September and the patio is only bit that gets the sun in the evening (when we're usually able to enjoy the garden). If I ask them to move it back to - say November - there's a risk it will go on and on, isn't there? Bad weather could, presumably delay work. I think I'll say no and see what their next step is.

rustyboy21

They can put screening up, or a mesh on the scaffolding, as poster above says, to prevent debris/tools etc falling off the scaffolding.


Can you get them to remove all the debris, to the front of the house through chutes? That at least will not totally stop you using your garden all summer. They should be able to access the scaffolding, via the side path, just means you wont have easy access to the path for the duration of the build.


There are ways and means of doing this, you just need to speak to the builder and home owner in a polite and calm manner, discussing your concerns for your child/garden.

happygirllucky

The side path is our only access point to the house - it's where our front door is. I think I'm going to say no and see what happens. I can only see it being stressful and unpleasant, I don't know them and they'll probably sell up before long (house prices have risen massively here). There's nothing they can do, is there, if I say no? Nothing in deeds (I checked last night).

zaax

To do a loft conversion should only take two weeks. How long are they proposing. Why can't they start after the summer in October?

stebiz

zaax wrote: »

To do a loft conversion should only take two weeks. How long are they proposing. Why can't they start after the summer in October?

2 weeks :eek: No chance. Quite often people prefer loft conversions in the summer with hopefully better weather.

moneyistooshorttomention

DRP wrote: »

i would definitely be trying to get them to delay until late autumn winter - a whole summer's loss of use of the garden for a child is priceless. Alternatively, you might be able to come to some sort of agreement (£££££).

A summer's loss of garden is priceless for everyone, regardless of age.

As it will be some weeks, it is a long period of time to not have use of your own property for. It feels appropriate to me to charge the neighbour rental (whatever word you wish to use to call it by) per week because they will be using your land and you won't be able to because of that.

I would be thinking along lines of £50 per week, plus cost of reinstating garden to normal afterwards (yes..it WILL need reinstating I'm afraid. The builders will almost certainly muck your garden up in the process). Make sure you have a contract drawn up in writing with the neighbour if you agree this. That contract to state rental per week/expected start and termination dates/that garden is to be reinstated to normal/position if they damage your house itself/ that extra rental will be charged for any weeks they keep the scaffolding on your land (bearing in mind that recent posters on here have mentioned a tendency by some scaffolders to use a customers property for free storage space for a while after a job is finished, unless they require their scaffolding for another job immediately afterwards themselves).

If there are any favours you wish from the neighbours in return, now is the time to ask.

Personally, I'd be checking whether they are allowed to convert the loft, rather than just assuming they are and that would be my starting point. Two possible routes there are:
- maybe the freeholder of the building doesn't allow it
- I expect they would have to have planning permission/meet building regulations/etc and they might not be planning to do that.

My understanding of the law is that you don't actually have to let a neighbour have access to your land for "improvement" work. That law that guarantees them access, even if you don't agree, is only for "maintenance" work. Loft conversion constitutes "improvement" work, so its entirely up to you whether you agree access or no. You cant be forced to grant access for improvement work.