Scaffolding on Right of Way

dottiec

We own and live at the end of a private access road.

 Driving onto the private road from the busy main road the entrance is very narrow with no splay area and buildings on both sides. On the right you pass two old cottages (one after the other) and on the left a single storey old stone building (gable end on the main road then approx 14 m long stone building right onto the access road) which has recently been sold and is being refurbished as a beauty salon. (This is where the problem lies as the builder wants to put up scaffolding along the side of the building sitting on the private road/right of way to work on the roof). 

 The access road then gets wider and passes two new houses on the right and then ends at our property also on the right which all sit in a straight line and no through road. We have no insurance on the private road. The entrance is tricky at the best of times and our neighbours have large vehicles and there is nowhere safe to park around where we live should we be asked to close the road. 

The builder just says the scaffolding will be narrow and won’t affect vehicles coming in and out. The entrance is 3m at its narrowest and 3.5 at its widest. I am extremely concerned about the safety of people using the access road on foot eg postman, deliveries, visitors and also vehicles.

I feel we are also vulnerable with no insurance (I am waiting to hear from our home insurers but think this will require expensive specialist insurance). The builder maintains the scaffolding will only be there for 6 days but there has been no maintenance done on the building for many many years and once it is up, I can imagine it remaining there for months. I have told the builder I can’t give permission for the scaffolding as we have no insurance and I’ve asked him to sign an Agreement about time limits, cleaning up etc which at the moment he seems reluctant to do. 

I have given him permission to put a skip behind the building on a small area of road which we also own and which is not part of the Right of Way, mainly to keep the skip off the very busy main road. I thought this would be for a couple of weeks whilst the building is being stripped but we are on to the third skip and also have building materials piling up - hence my asking for an Agreement.

The circumstances for the builder are very difficult but I am extremely concerned about the safety risks but am not sure on a way forward. Should I contact for advice HSE/Environmental Health or would it be a mistake involving them.  Our neighbour seems to think all will be OK as the builder has told him he will be able to drive in and out (without any measurements of scaffolding) but the neighbours do no carry the responsibility of owning the private road.  

Any help would be much appreciated.

bobster2

Can we simplify the question...is this correct?

There is a private road (which you are the sole owner of) leading to your house?

Along the private road there are various properties (who have right of way over the road) and the owner of one wants to put up scaffolding which will you think will cause an obstruction / be a danger?

Grumpy_chap

There is usually an obligation to provide for reasonable encroachment for building maintenance works, even into land that is wholly your own.  There is no absolute requirement that causes no inconvenience to the person whose land is encroached upon.  It may mean parking elsewhere for a short duration.

user1977

What’s the relevance of insurance? If the scaffolders etc cause a loss, it’s them (possibly via their insurers) who would be liable.

Bigphil1474

As above. Your insurance would only apply if you did anything to cause an issue surely? Problem is, what do you do if you get them to sign an agreement saying the scaffolding will only be there a week and 3 months later it is still there? Seems a waste of a piece of paper or email. Is there no space before the scaffolding that people can park and then walk past the scaffolding? Only needs all the residents to agree and bob's your uncle.

dottiec

There are 5 residential properties on the right of way.  Three of the properties further down the access road (including ours) where the road widens and there is a turning area, have full right of way, and we own the access road.  This is just for information as the problem lies with the entrance as follows:

The two old cottages at the entrance have limited right of way on foot on the access road.  The first cottage faces the main road but their entrance is on the right of way.   The second cottage which is attached to cottage no 1 also has its entrance on the Right of Way. 

The entrance onto the access road from the main road is between the two old cottages on one side and the old commercial building on the other side which is being renovated and which only has right of way on foot to the rear of their property their entrance being on the main road. 

 It is a conservation area and the entrance is very tight onto a very busy main road with buses, cars parked etc.  The pavement on the main road is quite narrow and is used by members of the public, schoolchildren and parents etc.  This is why I am wondering whether I should get advice from HSE/Environmental Health.  The builder does not seem to have done a risk assessment.

Would a photo help or do I need photographic knowledge to do this.

I hope this helps.

dottiec

My understanding of the insurance in simplistic terms is that should the scaffolder or roofer trip over on the drive he could sue us, the same applying to a postman or visitor and as we stand we have no public liability insurance.  They may have to prove negligence on our part but I'm not sure about this.  I am trying to avoid a situation where we do someone a good turn and then it comes back and hits us in the face.  As we have experienced with the skip, we gave an inch and he took a mile - human nature.

Mostly up until now has been guesswork on my part but I feel I need to do more research, hence my post.

user1977

Of course they'd need to prove negligence, there's no principle that somebody could (successfully) sue you just because they happen to have a slip/trip on your property. In fact, not having insurance might deter people from bothering!

Why would the scaffolders or builders be any more likely to sue you than all the other people? I'd expect them to be held to a higher standard of watching where they're putting their feet... If anything, it's all the other passers-by who should cause you to consider having insurance.

dottiec

"Why would the scaffolders or builders be any more likely to sue you than all the other people? I'd expect them to be held to a higher standard of watching where they're putting their feet... If anything, it's all the other passers-by who should cause you to consider having insurance."

The scaffolders and roofers are not more likely to sue than anyone else but they would be there at someone else's convenience, not mine, and I wonder why I should have to take that risk.  I am aware that it would be better for us to have insurance in place which I am looking into at the moment.  However, I shouldn't be forced into it and associated cost to suit someone else.  

I am equally concerned about the Health and Safety of others using an already restricted entrance.  Even more worrying is the gung ho attitude of the builder.

ProDave

You need to measure the widest vehicle of any of the residents, at the widest point, probably outside of one wing mirror to the outside of the other.  then add say half a metre.  Tell them that is the width you need maintained at all times.  Also measure the height of the tallest vehicle.

There is a way to do this, a single row of scaffold poles tight to the buildings either side, not encroaching on the width very much, and bridged by a lattice truss (hence why they need to know the height clearance they need to keep clear).  Then they can build up normal scaffold from that.

Give them that information and make it the scaffolders problem how to achieve that.

Section62

dottiec said:

(This is where the problem lies as the builder wants to put up scaffolding along the side of the building sitting on the private road/right of way to work on the roof).

The way you describe the situation it sounds like the builder wants to put up a normal scaffold on the side of the access road they will be working on.  Have they looked at putting up a bridging scaffold - one which is supported on both sides of the road and has a working platform at the higher level? A bridging scaffold involves a loss of usable width on both sides, but wouldn't require vertical poles (known as 'standards') placed in the middle of the road.

A picture probably would help us understand the situation better.

HSE would only be interested if there were unsafe working practices going on, and possibly not until someone had an accident.  It doesn't mean there is no point reporting an unsafe situation though.  A key element of safe working is planning - if the builder hasn't planned their access/working at height arrangements before starting work then there may be other issues as well.

As a general point, scaffolding used where there is moving traffic is vulnerable to being hit by that traffic, which could have tragic consequences for those working on the scaffold.  So a properly designed scaffold should already be taking into account the access road is in use by vehicles and if the access is tight, also taking into account the possibility it may get hit and damaged.

The neighbour may be able to use the Access to Neighbouring Land Act 1992 to be able to make use of the land you own to do work, but it is questionable whether an access order would allow them to block the access road other than on a short-term temporary basis.  Requiring them to obtain an access order may carry other benefits - for example compelling them to indemnify you against damage to the land (and otherwise). If the property is commercial rather than residential you may also have additional rights.  If you think the 'legal' route may be preferable you should speak to a solicitor to get formal professional advice on the right approach to take.