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Scaffolding overhanging property

family4tunes
family4tunes Posts: 108 Forumite
Eighth Anniversary 10 Posts Name Dropper
Hi all,

At the end of my rear garden there was always a vacant area with building permissions. This has since been purchased and there are building works taking place.

This is not a problem and so far the noise and disruptions have been bearable. The building work is at the rear also of my neighbours gardens with the only difference being the building is at the nearest to my property boarder and fence than it is theirs.

Because they are erecting within a few feet of my fence and the height of the property will exceed my fence level scaffolding is starting to be used. Speaking to one of the building team I have been informed that they intend to overlap the scaffolding into my property to allow a builders platform for the bricklayers and materials. The distance they have between their building and my fence is around a foot so they need an extended area to continue their build.

My question is, are they entitled to overlap into my garden without permission or some form of compensation being initialised. From what I gather, the walkway and work area that is intended will overreach into my garden by around 4 feet and possibly to a height of 40 feet. Is this legal?

Comments

  • Grenage
    Grenage Posts: 3,216 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Generally for maintenance and repairs it's ok; for extensions/builds I think you need the ok from the land owners.


    Are you likely to be inconvenienced? It would be petty and pointless to deny permission if the few feet won't affect you.
  • ANDY597
    ANDY597 Posts: 430 Forumite
    Part of the Furniture 100 Posts Debt-free and Proud!
    Would seem counter productive to deny them access, are you fearful they will damage something in your garden?


    If you prolong them finishing, the scaffolding will be up for longer and the inconvenience to you will continue.


    Cant see any logical reason you would deny them access based on the information you've currently provided unless your trying to be difficult or want to inconvenience the neighbour completing the build.


    Its always nice to be asked of course, as a courteous piece
  • TELLIT01
    TELLIT01 Posts: 18,130 Forumite
    Part of the Furniture 10,000 Posts Name Dropper PPI Party Pooper
    I would just keep an eye open for any damage to any of your property. Anything beyond that is petty - and as for compensation for a bit of scaffolding temporarily overhanging your property !
  • melb
    melb Posts: 2,887 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I don't think it's petty personally. I wouldn't dream of doing this without mentioning it to the neighbour beforehand.
  • Ganga
    Ganga Posts: 4,253 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Just tell the builder that it is no problem BUT if anything falls of the scaffolding and causes damage to your property you will hold them responsible for all costs,cannot see builder not agreeing.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    melb wrote: »
    I don't think it's petty personally. I wouldn't dream of doing this without mentioning it to the neighbour beforehand.
    Isn't that what has already happened?
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It seems like a fairly large construction job, so the correct procedure would be for a scaffold licence to be provided by your surveyor and for them to pay for it.

    I'm doubtful a template such a licence could be downloaded from the internet for free, but you might find something. Just telling them they'll be responsible for damage etc is all very well, and they should be, but you'll be in a much better position if the terms of their temporary use of your land are in writing.

    Of course, only you can decide how likely damage might be to occur, depending on what that part of your garden is like.
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