Scaffolding/right of access to garden

rheme

Who is doing the work? Are they doing it themselves or employing builders? Make sure the relevant insurances are in place before any work commences and ask to see copies of the policy and proof of payment.

Davesnave

Just to be devil's advocate for a moment, have you considered what might happen if scaffolding is not erected and they decide to go ahead anyway?

You might need your garden if large people are clumping about above your head 8 hours a day.....

xMonsoonx

If it would me I think I would let them - better neighbour relations (you have to live with these people after all this)!

However would insist on pushing it back until sept/oct (after school holidays) and set a time limit it can be in situ for. I would also confirm that a condition on installation of that they have to install safety nets etc and reinstatement of the garden afterwards.

I would also ask for a disturbance allowance per week from the neighbours so you can be compensated for the lack of garden during the works and also give you some spare cash so you can go on days out to get away from the noise etc.

Jenniefour

Agree with stebiz - two weeks totally unrealistic. And better for builders to get them done in summer when more likely weather better, job gets done quicker.

Party wall agreement - with whom? OP lives in flat downstairs so any party wall agreement would be with adjoining neighbours if property is a terraced or semi.

OP - have agreement with them (written) that any damage to garden etc. will be rectified by builders, take photo's first. I am assuming it's your garden and not communal - in which case agreement needs to be with other leaseholders, not just yourself.

OP, you're a leaseholder in a house with neighbours who want to do work on their flat. I would recommend taking sensible precautions but making sure it's not bordering on obstructive, or downright obstructive as some suggestions appear to be - like the timing of the work. Converting a loft is a major build project and good builders already have their next two or three jobs lined up and so the timing will be to do with builders availability. Customers usually have to fit in with availability of the builders they want to do the work. Obstruction tends to have a way of biting back in the future and it's always wiser to be co-operative and maintain good neighbourly relations so you don't find yourself with a 'no', or similar obstruction to something you might want in the future - or worse, an emergency where you need help and it's not forthcoming.

So beware of asking/expecting them to move the timing, they will be working to what the builder can do. However, since it's summer (and assuming the garden is solely yours and it's so small it will curtail your use completely) then you might think if there's some smallish but useful thing they can do for you in return for loss of garden use in summer whilst work is going on.

Jenniefour

And, no, you are not bearing the brunt of the disruption, your neighbours who are having the work done are.

moneyistooshorttomention

Jenniefour wrote: »

And, no, you are not bearing the brunt of the disruption, your neighbours who are having the work done are.

But they will be getting the benefit of the disruption. OP gets absolutely nothing for all their disruption (unless they decide to allow the scaffolding and charge for that "rental of their land"). Personally, I would think even £50 per week was darn all for rental of my land, considering the amount of disruption I would endure and no benefit at all for me from it. If someone said to me "£400 for 8 weeks of such acute disruption to you and you yourself won't get any benefit from it" the response would be "No deal, I'd want loads more than that for putting up with so much".

I might be able to be bribed to co-operate for £5,000 for instance, but would think about it as to whether to do so even for an amount like that.

My "Yeh...okay...I agree...and you've just bribed me into putting up with it" amount in those circumstances without having to think about whether to or no would be way too high for anyone to be likely to pay it to me. Hmm.....£20,000 maybe in those exact circumstances:think: might do the trick for me personally and I might be prepared to "roll over and get bribed".

laurel7172

What are the other options? Could the scaffolding go up the front of the building? Obviously there might be the extra costs of council permits etc if it's on a pavement. Or could the extension be done from the inside? They always used to be...

My guess would be that the free use of your garden is the cheapest option, and while I would want to be helpful, I wouldn't want scaffolding in my garden/across my windows for the whole summer either. And if there's no room at the front, where are they going to leave building materials etc?

I'd hope to find a compromise, but they're asking a lot...

rustyboy21

The question you need to ask yourself, is, Do you get on ok with the neighbours? Do they cause you any grief at any time. Do they nick your parking place without a care to you at all? Do they have wild parties with no care to you?


If any of the above is negative, then do what you can to delay the scaffolding. If you have good neighbours, that is a godsend. My neighbours are great. They put my wheely bins out on collection day, we take turns cutting our front grasses, even though there is a fence between the houses. They have keys to my house for when I go away. I was 100 miles from home last week, when they rang me up to say alarm was going off. I asked could they go in and stop it and reset it. No issues at all. We give their son birthday and xmas money. They even walked my dog, when I was ill. It is neighbours like that you cherish.


A lot of the posters on here are advising you what to do, eg charge them rent, stop them doing it, party wall act etc. You must make your own mind up in what you want to do. If it were me and they were ok neighbours, I would just say, I have no issue with the work, but as it is summer, I want to get use of my garden for my little one. Can the builders be courteous enough, not to invade my space, keep the place clear and clean up after themselves. They can put netting up to stop any fall of debris tools, making it safer for you, hell, they can even board the sides up, so they cannot watch you sunbathing in the garden, if it comes to that ! And any damage to your garden will need to be repaired by the builder at the end of the build.


Any neighbour worth their salt will be agreeable to this and you are keeping it nice and pleasant and the relationship will stay ok. They would want the same from you, if roles were reversed .

Jenniefour

rustyboy21 wrote: »

The question you need to ask yourself, is, Do you get on ok with the neighbours? Do they cause you any grief at any time. Do they nick your parking place without a care to you at all? Do they have wild parties with no care to you?


If any of the above is negative, then do what you can to delay the scaffolding. If you have good neighbours, that is a godsend. My neighbours are great. They put my wheely bins out on collection day, we take turns cutting our front grasses, even though there is a fence between the houses. They have keys to my house for when I go away. I was 100 miles from home last week, when they rang me up to say alarm was going off. I asked could they go in and stop it and reset it. No issues at all. We give their son birthday and xmas money. They even walked my dog, when I was ill. It is neighbours like that you cherish.


A lot of the posters on here are advising you what to do, eg charge them rent, stop them doing it, party wall act etc. You must make your own mind up in what you want to do. If it were me and they were ok neighbours, I would just say, I have no issue with the work, but as it is summer, I want to get use of my garden for my little one. Can the builders be courteous enough, not to invade my space, keep the place clear and clean up after themselves. They can put netting up to stop any fall of debris tools, making it safer for you, hell, they can even board the sides up, so they cannot watch you sunbathing in the garden, if it comes to that ! And any damage to your garden will need to be repaired by the builder at the end of the build.


Any neighbour worth their salt will be agreeable to this and you are keeping it nice and pleasant and the relationship will stay ok. They would want the same from you, if roles were reversed .

Spot on. And, yes, they must put up netting and boards as they are obliged to over a public pavement. Particular attention to safety, especially as OP has a child.

happygirllucky

I think my issue is that they've been abroad for years, have seen how much property prices have risen in the area, are going to do the work with no disruption to themselves, then sell up and move on. If they were neighbours we knew/were planning to stay/had been here a while, I might be more understanding. The way in which they phrased the email really annoyed me as well - it was basically a statement of intent, rather than a 'could we do this'.

I think I'll get a solicitor to check our deeds, to make sure we're not obligated to do this in way, then say no. I just don't want it in my garden.

The front garden is a possibility - they'd have to move a fence and put it back afterwards; I think they're going for our garden as the quick and cheaper option.