What is legal position if neighbour's building work damages my conservatory

littlerock

We live in a halls adjoining semi detached. We share a boundary wall with our neighbour on the detached side. The houses locally are all built to the Victorian style with a side return. Ours has a lean-to conservatory in the return, custom built by the previous owners to fill in the slightly lopsided space between the boundary wall and the side of our house. Our neighbour's side return is empty.

We have fairly cordial relation with our neighbours. The only bone of contention is a tree in their front garden, right on the boundary wall with ours, which is so overgrown it covers the front of their house and extends right out in the main roadway beyond the pavement. We have offered more than once to foot a joint pruning bill but have always been turned down on the grounds he does not think in necessary at this time. So we have been reduced to pruning back our side to the boundary wall.

About three months ago the neighbour approached my OH to say that he was planning to make use of his roof space by having veluxes installed and also to replace his roof tiles (put on by the previous owners) which are too heavy and placing a strain on the roof timbers. We heard no more until the other day when scaffolders arrived and started installing scaffolding in the empty return alongside his house.

The scaffolding is not in our space so we cannot complain about it, however we are concerned that it fills the space next door and will be used by builders climbing up and down to the roof with timbers and heavy slates which puts the glass roof of our conservatory at risk. When we had our roof repaired a couple of years ago, we had to have scaffolding installed over the conservatory and it was boarded up to avoid impact from falling debris.

So I approached the neighbour to express my concern and he replied that he was sure the builders would be very careful but if I was really concerned he would arrange for them to board up my conservatory while the work was done.

What is the legal position if his builders do damage my conservatory glass by dropping something on it? Is my neighbour responsible or his builders? Am I likely to be stuck in the middle? And should I have have my conservatory, where we eat, boarded up if I choose this option, while he replaces his roof?

TrixA

Your neighbour would be liable for any damage to your property resulting from a failure of his builders to take proper care. I'm not sure what the legal situation would be if your neighbour offers to put measures in place to avoid the possibility of damage (boarding your conservatory for the duration of the works) and you refuse - it may be more difficult to claim damages in that case. How long is the work projected to take?

phill99

Its the builders responsibility.

The scaffolding should netted so that things cant fall onto adjoining property.

Seronera

Keep evidence of conversations where you have expressed your concerns including dates and times, Take photographs before/during/after the works.

If there was any damage I'd approach the neighbour first, but if that proved unsuccessful then I'd claim on my own insurance and inform them of the circumstances and insist they make a claim against the neighbour. It keeps it all at arms length to do it that way and its often best.

They don't seem like the worst of neighbours though by the sound of it.