Downstairs neighbour's shed preventing access to our wall for critical repairs

C_Noodles

A stone in our wall just beneath the roof is crumbling (we are in a flat - the upper level of an old stone house). The downstairs neighbour has a 'weak roofed' structure (shed/garden-room type thing). They are telling us that the tradesperson can't stand on this. We looked into scaffolding, but due to the unusual setup of the property this is not feasible either.

Do we have any legal position here - are they allowed to have a structure that completely prevents us from having access to get repairs done - which could eventually affect the structural integrity of the building? 

We are in Scotland.

If anyone has any experience of this, I'd be grateful to hear how you found a solution!

Thanks

BUFF

if this is supporting the roof your neighbour may also be liable https://www.gov.scot/publications/common-repair-common-sense-guide-to-managing-tenements/

n.b. the definition of a tenement is quite broad

Ectophile

Would a cherry picker be able to reach the spot that needs repairing?

Ganga

Any chance of a picture?

C_Noodles

Thanks so much for the suggestions - the whole property is a fair bit away from the road so a cherry picker would not work. I'll have a look at whether we count as a tenement - we are 3 storeys but only if you include our attic as a storey.

I will also have a close look at the deeds, and maybe ask a property solicitor (?) not sure what type of expert I would try to ask!

Cheers

bbat

Some cherry pickers/mobile elevated work platforms can be taken off road, as long as there is enough width for access to get the machine in? I've watched them being used to check bridge structures and trees away from roads. 

Bendy_House

OP, do you have LP included in your house insurance? If so, call them up.

GDB2222

Ultimately, the solution may have to be to dismantle the shed, and replace it with a brand new one?

Section62

C_Noodles said:

The downstairs neighbour has a 'weak roofed' structure (shed/garden-room type thing). They are telling us that the tradesperson can't stand on this. We looked into scaffolding, but due to the unusual setup of the property this is not feasible either.

What kind of roof is it? (a picture really would help here)

A decent trader would be able to work out a way of getting access somehow, although it won't necessarily be cheap.  They should know they can't stand on a weak or fragile roof and told you that when quoting for the job, including the difficult access arrangements in the price.

If it is glass roof with restricted vehicular access then the may be no option but to remove some of the glass to be able to put in scaffolding.  But something 'solid' like felt on wood could be temporarily strengthened to take the load of a person or scaffolding, if necessary by propping underneath with acrows or similar.  Whether or not your neighbour would agree to this is a different issue.

diystarter7

Bendy_House said:

OP, do you have LP included in your house insurance? If so, call them up.

Sorry, but how would that help as it's not damage caused by storm/attack/etc but wear and tear.

HHarry

diystarter7 said:

Bendy_House said:

OP, do you have LP included in your house insurance? If so, call them up.

Sorry, but how would that help as it's not damage caused by storm/attack/etc but wear and tear.

Legal advice as to the access issue.  Not an insurance repair.