Scaffolding in neighbours' garden

TrixA

We are due to exchange on our new house next week - it's a Victorian end terrace at the end of a street, so there are several neighbouring houses with gardens that back on to the flank wall of our house.

The structural survey identified a problem with an upstairs window in the flank wall of our house - basically the window was not installed correctly and water is getting in around it and damaging the internal plasterwork. We had a tradesman inspect it and he has indicated that external access would be needed for the repair, which would mean scaffolding in the neighbour's garden.

The problem is that the neighbour in question has built a shed right up against the wall of 'our' house, which would need to be removed to allow access for the scaffolding.

Of course our plan is to talk nicely to the neighbour, but I'd like to understand what we can reasonably expect in this situation. I understand from doing some reading that the neighbour needs to give us access to their land for 'preservation' purposes, which this clearly is. But does this extend to allowing scaffolding and/or removing a shed that has been built up against the wall of our house? I suspect that in theory we could require them to remove the shed altogether, but I do not want to start off on bad terms with a new neighbour.

moneyistooshorttomention

It might help if you can tell the neighbour what you propose re their garden shed:

- what alternative storage arrangements you will make for the items they keep in that shed

- when you will be available to help them take the stuff out of their shed at the beginning and put it back again afterwards

- what arrangements you will make to have the shed dismantled and then put back together again and, of course, cover any repair or replacement of the shed in the process if damage got done

Generally, what proposals do you have for the neighbour to ensure they suffer no inconvenience and no cost at all as regards their shed?

****************

An alternative thought is = does the shed actually need to be removed? Cant the builders just erect scaffolding in such a way that it "works around" where the shed is, coupled with appropriate protection for the shed and written statement from you that you will ensure any damage to shed costs are met promptly.

bryanb

A scaffold could probably be built without moving the shed. Ask a scaffolding company.

Davesnave

bryanb wrote: »

A scaffold could probably be built without moving the shed. Ask a scaffolding company.

Yes, it would be a very big shed which would prevent the erection of scaffolding!

So what size are we talking here? And do you mean that this shed only has 3 sides when you describe it as built 'against the wall' of your house?

Unless the latter is the case, you can't just ask for its relocation, though other factors might give you leverage. For example, if a damp surveyor said the shed was causing damp problems and damage to your wall then you could reasonably require its re-siting.

But for now, as above, get a scaffolder to look. Looking's usually free.

TrixA

The shed spans the entire width of their (narrow) garden - I'm no expert, but it is difficult to see how the scaffolding would span around it.

It is in a dilapidated condition, and I'm unsure if it has a back - it does appear to be built against the wall of our house.

SailorSam

When my neighbours were building their extension my garage was a little over 2' away, but the scaffolders still managed. They had the scaffold over the top of my garage and laid plywood flat on my garage roof to protect it if anything fell.. My garage is 25' long so i think a small shed will be no problem.

pitkin2020

to be honest this a mute post really as without talking to your neighbours you don't know where you stand. If you go in and they refuse and you start spouting "well legally" "according to MSE" etc etc you'll just get their back up and IF the scaffolders really require its removal they will dig their heels in and it'll end up costing you a fortune.
First course of action should be to talk to them, see what they have to say and negotiate from there.

WestonDave

Talk to a scaffolding company first to see what is required and what would be most efficient (there may be an easier option and a "if we really have to" option). We had scaffolding up for soffit replacements and they bridged the entire lean to garage with scaffolding without touching it so a shed could be possible. Once you know what you need then speak to the neighbour to see how amenable they are.

Davesnave

pitkin2020 wrote: »

to be honest this a mute post really as without talking to your neighbours you don't know where you stand. If you go in and they refuse and you start spouting "well legally" "according to MSE" etc etc you'll just get their back up and IF the scaffolders really require its removal they will dig their heels in and it'll end up costing you a fortune.
First course of action should be to talk to them, see what they have to say and negotiate from there.

I agree with talking and weighing up the situation first. They are new neighbours so the situation's difficult.

The legal side is covered by the Access to Neighbouring Land Act 1992.....

http://www.legislation.gov.uk/ukpga/1992/23/contents

...so nothing to do with MSE.

I think we should credit the OP with enough tact to decide if or when to mention it.

In most situations, where people are reasonable, invoking this or that bit of legislation isn't necessary, but proving who's insured and for what, should be.

moneyistooshorttomention

Indeed, ask politely first, rather than going straight in quoting that Act right away.

I've just had to have some access to a neighbours place for maintenance work on my property and I just politely asked and there was no problem with them agreeing...mind you the fact that they have done very well out of granting me access and their own property is going to be noticeably improved too as a result might just have had something to do with that ready granting of permission;):cool:

Altarf

TrixA wrote: »

The structural survey identified a problem with an upstairs window in the flank wall of our house - basically the window was not installed correctly and water is getting in around it and damaging the internal plasterwork. We had a tradesman inspect it and he has indicated that external access would be needed for the repair, which would mean scaffolding in the neighbour's garden.

Alternatively you could investigate if there was a means of repairing / replacing the window from the inside, without the use of scaffolding.

Possibly a lot cheaper than complex scaffolding.