Neighbour's Extension: my rights

Dustyevsky

A similar situation occurred with a close relative. No access granted. The wall was built 'overhand' and left unfinished. Three years later, the neighbour begged for rendering and to choose the colour finish. Four years later the neighbour accepted relative's choice of colour and the wall was finished accordingly.

There's a lesson there.

liuaq

Doozergirl said:

Ectophile said:

Your right is to tell them that they cannot access your land, unless they make it worth your while.  Impose any conditions you like.

There is a law allowing access to neighbours' land for building repairs.  But it only applies to things that were built before that law was enacted.  It doesn't allow a right of access for building new things.

But it does look like you're being petty for the sake of it and the bricklayers can't point up properly so you end up staring at an ugly wall.  So if you're trying to do it to their detriment it backfires and karma comes knocking immediately 🙈. Even if nothing is said, the bricklayer knows it's the neighbours being difficult.  

OP, of all the extensions I've managed, not one customer has ever said they were doing it to 'develop to their neighbours disadvantage'.  They do it for themselves and when they have planning permission for it they are absolutely within their rights to do so.  

It has nothing to do with deliberately disadvantaging the neighbours.  They're genuinely excited for themselves.  

I've also been on the receiving end of new development.  I put in my objection but when planning was granted I treated the developer with the same courtesy with which I would hope to be treated.  He said we were the nicest of everyone around and we ended up benefitting a couple of times as a result.   It was never personal.  

Where did I say that my neighbour was developing to deliberately disadvantage us?

The development that is approved will disadvantage us because of the relative locations of our bungalow to theirs: it is side on, will be within ten feet from our bungalow and will be visible from our kitchen which is why planning application only got through on appeal.

It is very nice to be excited about something that is to your benefit but some sensitivity to the impact on your neighbour would also be appreciated.The letter from the Council informing us that a Planning Application had been made was the first we knew of what was going on and when we asked our neighbours to talk to us about it, he said"Sorry we didn't tell you,BUT you are always on holiday". Trust me, I wish.Glad to know that their ignorance of basic manners was our fault.

We are not being obstructive, we will abide by the Party Wall award which, let's face it,is going to be a lot more beneficial to our neighbours than to us. It will probably give them access to our property and will protect them over liability for potential damage caused by their works, which given the proximity/shared walls and flat roof structures are plenty.

All I am asking is what are my rights to protect my property and my enjoyment of my property based on other people's experience. There is a difference between being "nice" and being an idiot.You say that you treated the developer with the courtesy with which you would hope to be treated: I hope you got it , but what if you hadn't?

liuaq

FreeBear said:

jonnydeppiwish! said: PWA agreement if within 3m of any of you’re foundations then definitely

Even within 3m, a PWA may not be required. It also depends on how deep the new foundations are being dug.

They are proposing an eccentric foundation, one metre deep to be excavated right next to a shared retaining wall (approximately half metre high) because their property is on higher land than ours.Building Control advised them of the Party Wall Act and so did we.

liuaq

Dustyevsky said:

A similar situation occurred with a close relative. No access granted. The wall was built 'overhand' and left unfinished. Three years later, the neighbour begged for rendering and to choose the colour finish. Four years later the neighbour accepted relative's choice of colour and the wall was finished accordingly.

There's a lesson there.

When our neighbours purchased the property a few years ago, the only thing we saw for months was builders and a portaloo stuck in their front garden as a decorative feature. 

The man's wife (who seems very nice) admitted that her husband managed the project but knows nothing about building and had employed inadequate builders, probably to save a few bob, which caused major delays.

He's now bored out of his brains and has taken on a "new project" but this time it can have serious implications for our property if he messes up and he doesn't care.

There's a lesson there, too.

Grenage

If the build is going to happen anyway (it will), then what you want the best outcome for you.

That probably means scaffolding so that the wall doesn't look awful on your side.

liuaq

Grenage said:

If the build is going to happen anyway (it will), then what you want the best outcome for you.

That probably means scaffolding so that the wall doesn't look awful on your side.

Which, because of the layout of our properties will block my garage.

So, what are my rights?

CSI_Yorkshire

liuaq said:

Grenage said:

If the build is going to happen anyway (it will), then what you want the best outcome for you.

That probably means scaffolding so that the wall doesn't look awful on your side.

Which, because of the layout of our properties will block my garage.

So, what are my rights?

To say yes to scaffolding and access or to say no to scaffolding and access.

And then you live with the consequence of your choice.

I'm confused what the issue is here.

Section62

liuaq said:

Grenage said:

If the build is going to happen anyway (it will), then what you want the best outcome for you.

That probably means scaffolding so that the wall doesn't look awful on your side.

Which, because of the layout of our properties will block my garage.

It would be an incredibly unusual situation for it to be impossible to scaffold a house without blocking access - it may cost the neighbour if the scaffolder needs to hire in specialist parts (e.g. ladder beams) or have advice from a structural engineer on the design of temporary works, but I'm struggling to think of a scenario where it would be impossible to maintain access to a domestic garage while safely scaffolding the neighbouring building.

This might be where a party wall agreement could help - you agree access over your property, on condition that access to your garage is maintained and any damage done to your property is repaired at the neighbour's cost.  Whether they would agree to this is a different issue though.

mi-key

If its a single storey extension then it can be rendered from your side without needing any scaffolding or blocking of your garage. This is in your interest to allow them to do it as you will get a nicely finished wall to look at. 

It may be better though to say you will allow them say one weeks access and it must be restored after that. Do you REALLY need to use your garage all the time? or is this just being awkward because you don't want them building the extension? 

FreeBear

Section62 said:

liuaq said:

Grenage said:

If the build is going to happen anyway (it will), then what you want the best outcome for you.

That probably means scaffolding so that the wall doesn't look awful on your side.

Which, because of the layout of our properties will block my garage.

It would be an incredibly unusual situation for it to be impossible to scaffold a house without blocking access - it may cost the neighbour if the scaffolder needs to hire in specialist parts (e.g. ladder beams) or have advice from a structural engineer on the design of temporary works, but I'm struggling to think of a scenario where it would be impossible to maintain access to a domestic garage while safely scaffolding the neighbouring building.

A portable scaffold tower that can be quickly dismantled at the end of each day could work until the build is up to roof level. Then it should be possible to erect scaffolding with enough width & headroom for a vehicle to pass underneath. All parties (neighbour, builder, OP) need to sit down and have a discussion about how to progress.