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Developer needing access to my new home

Hi there, I moved into my new home back in sept 2018. The development is still under construction as we were the 1st phase of the completed homes.

Was hoping someone could help as today the developer has asked could they knock our fence down and prob destroy our grass as they have sold the home next to ours which now requires a garage. Just wondering what our rights are? They have mentioned doing a garage for us a bit cheaper but I'm not getting the vibe it will be anything drastic.

I just hate the thought of being unsettled again when we're only getting everything together. Any help would be appreciated
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Comments

  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    You can refuse, you can ask for compensation, either as a lump sum, or on a day rate, you can pretty much dictate whatever terms you want.


    Personally I would balance it, I doubt they'd need more than 2 weeks.


    £1000 + replacement of affected area / fencing seems like a good deal to me.
  • Rosemary7391
    Rosemary7391 Posts: 2,879 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    You probably want to nail down the timing too. Doing it now isn't so bad, but if it drags on until spring you'll have lost growing time if gardening is your thing.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    You probably want to nail down the timing too. Doing it now isn't so bad, but if it drags on until spring you'll have lost growing time if gardening is your thing.



    Agreed, a day rate tends to focus the developers mind in this regard.
  • silvercar
    silvercar Posts: 49,957 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    I'd want a good look at the plans. If they need access to your land to create this garage, how near the boundary are they building? Make sure that the garage has proper access from the other property only. The last thing you need is to create a potential shared access driveway, either by design or by default. it would be difficult to have neighbours that legally have no right to drive over part of your land to access their garage, but in practical terms that is the only way to do it.
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  • pimento
    pimento Posts: 6,243 Forumite
    Part of the Furniture 1,000 Posts
    GEmum18 wrote: »
    They have mentioned doing a garage for us a bit cheaper but I'm not getting the vibe it will be anything drastic.

    A garage for you for free and I'd be willing to consider.
    "If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." -- Red Adair
  • GEmum18
    GEmum18 Posts: 21 Forumite
    Thanks so much for the advice everyone, I kind of guessed the ball was in my court. I they gave a good enough deal on a garage I'd maybe consider but really don't know about all the hassle. Hopefully they will come back with more info.

    But thanks for tips, wouldn't even have thought to ask timescale etc
  • How will the neighbours access the outside of their garage for maintenance? And where will your new garage be? Seems odd that a new build doesn't have a garage and then the builders are happy to charge you to build one.


    But - if you need/want a garage and would be prepared to allow access for the neighbour's garage to be built, then all that's left to discuss is the amount of discount they are prepared to allow you on your garage. I'd start negotiating at 100%.
    No longer a spouse, or trailing, but MSE won't allow me to change my username...
  • Choccygirl123
    Choccygirl123 Posts: 1,035 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    Don't forget that heavy plant driving bank abd forth will effect your soil and if clay will compact it, reducing drainage.

    I'd say free garage or no access if it was me. Is there no other way they can do it without accessing yours?
    Finally Debt Free 24/4/2023 
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
    edited 2 January 2019 at 5:32PM
    silvercar wrote: »
    I'd want a good look at the plans. If they need access to your land to create this garage, how near the boundary are they building? Make sure that the garage has proper access from the other property only. The last thing you need is to create a potential shared access driveway, either by design or by default. it would be difficult to have neighbours that legally have no right to drive over part of your land to access their garage, but in practical terms that is the only way to do it.

    Sounds like another reason to refuse to me.

    They pointblank wouldnt stand a chance of impinging on my land in any way at all ever.

    Add the hassle whilst they did this.

    Add the soil compaction.

    Add I'd have already "got my garden together" in your position and this would muck that up.

    The answer would be a definite "No" from me.
  • GEmum18
    GEmum18 Posts: 21 Forumite
    you folks are all so helpful :j

    I don't think they can access neighbours any other way they need to dig up my garden, knock down my fence etc to fill founds and get digger in etc..It obviously would suit them for me to purchase a garage as they also asked cheekily about us buying a garage! They charge 15K for one and its money we don't have.

    Looking at pictures the 2 garages would be joined with one single wall in middle separating them so I'm sure the builder would be rubbing their hands together if we bought one but that's not an option.

    It seems the ball is in our court I just don't know if im cheeky enough to ask for a free garage lol
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