Access to my property for building works next door

bgy3jlh

This is likely not in the right category, but I couldn't find a suitable one....

I was asked to comment on a planning application. I didn't object. The plans are about to get underway.

Yesterday I had a meeting with the builder who first of all tried to convince me that my interpretation of the plans was wrong. When this didn't work he tried to convince me to accept a deviation from the plan, which would negatively impact me (don't worry - I refused, and told him that any deviation to the plan would need to be re-routed through the council).

After we'd got off on this not-so-great footing, he proceeded to *tell* me that he will be erecting scaffolding on my driveway. I'm not at all happy about his approach or the proposal. He didn't give me any time frame, or any assurances. He simply told me that that is what would be happening.

My current plan of action is to relay the conversation to my neighbour, reiterate that the plan needs to remain as proposed, and refuse access to my property. It's the last one I'd like some input on, please - should I refuse access? I know that I can, and that they would have no legal case because access is requested for an extension and not for maintenance of existing property. I want to market my house, and while I'm willing to put up with the noise disruption and some visual disruption, I don't want scaffolding on my driveway for an unidentified length of time.

I should add that, to me, it doesn't look as though access from my driveway is their only option. But I'm not an architect or a builder.

Section62

bgy3jlh said:

This is likely not in the right category, but I couldn't find a suitable one....

I was asked to comment on a planning application. I didn't object. The plans are about to get underway.

Yesterday I had a meeting with the builder who first of all tried to convince me that my interpretation of the plans was wrong. When this didn't work he tried to convince me to accept a deviation from the plan, which would negatively impact me (don't worry - I refused, and told him that any deviation to the plan would need to be re-routed through the council).

After we'd got off on this not-so-great footing, he proceeded to *tell* me that he will be erecting scaffolding on my driveway. I'm not at all happy about his approach or the proposal. He didn't give me any time frame, or any assurances. He simply told me that that is what would be happening.

My current plan of action is to relay the conversation to my neighbour, reiterate that the plan needs to remain as proposed, and refuse access to my property. It's the last one I'd like some input on, please - can I refuse access? I want to market my house, and while I'm willing to put up with the noise disruption and some visual disruption, I don't want scaffolding on my driveway.

There could be something in your deeds which allows access, but otherwise the neighbour would probably need to rely on the Access To Neighbouring Land Act 1992, although this tends to be more use for maintenance-type work rather than new construction. https://www.legislation.gov.uk/ukpga/1992/23/contents

If applicable, the Party Wall Act could also be a factor.

But the builder can't simply turn up and errect scaffolding on your property without your agreement.

The neighbour also cannot deviate from the consented plans without reference back to the planners.  Depending on the scale and type of change they may have to make a new application, or ask for a non-material amendment.  Very minor changes are often allowed on the nod, but if what is proposed affects you then it is unlikely to be considered minor.

TBH if you suspect the neighbour/builder might go ahead regardless (and this initial contact suggests they might) then you should consider contacting the local planning enforcement team now, for advice on what to do next.  Once the foundations and footings are constructed some planning authorities will consider small differences a done deal and not take enforcement action... so you really want to be in a position where you already have a communication channel with planning enforcement in place to be able to use it as soon as excavation of the foundation trenches doesn't look correct.

WIAWSNB

Do you have any form of CCTV or video doorbell covering your drive? Worth getting these conversations recorded. At the very least, write down as verbatim an account as you can of what was said as soon as the conversation is over. Some of the things that builder has said sound very dodgy indeed, including possibly false representation.

Do you have Legal Protection included in your house insurance? If so, call them up now for guidance. It's free.

As for access, if they have a reasonable alternative means of constructing their extension without encroaching on your land, you should be in s strong position on this.

bgy3jlh

Thank you - yes, I spoke to the planning department this morning, and they said that the moment that something actually happens that deviates from the plan, I need to put in an enforcement complaint and they will investigate it. They said that our conversation this morning won't go on record, and they can't approach the builder based on my recounting of my and his conversation.

bgy3jlh

Yes - the party wall act is a factor, because the deviation that he wanted me to agree to was removal of the party wall! 

MeteredOut

If you do agree to the scaffolding, get a written agreement in place with agreed timescales, including financial penalties if they overrun.

I've heard of too many situations where scaffolding is left up for too long, including cases where its no longer required, but its cheaper for the builder to leave it in place until their next job, as opposed to taking it down, storing it for a few weeks, then taking it to their new job.

FlorayG

While I wouldn't refuse access just to be awkward, that sounds like a VERY dodgy builder and I wouldn't be allowing him any access at all - plus keeping out a close eye for any 'accidental' infringement

Section62

bgy3jlh said:

Yes - the party wall act is a factor, because the deviation that he wanted me to agree to was removal of the party wall! 

And the neighbour hasn't followed the PW process?

If so, might be worth speaking to a PWS to get advice on the situation.

Also, as WIAWSNB says, use your legal protection (if you have it) for advice.

bgy3jlh

Correct - no PW process followed. Even the neighbour (who I previously thought was lovely) said to me that it'd be better for me not to have a fence! Thankfully, though, the concrete post and timber panels are clearly written into the plan, so if they go AWOL then I'll immediately report it to the council (and I'm going to tell the neighbour that that is what I'd do).

MeteredOut

bgy3jlh said:

Correct - no PW process followed. Even the neighbour (who I previously thought was lovely) said to me that it'd be better for me not to have a fence! Thankfully, though, the concrete post and timber panels are clearly written into the plan, so if they go AWOL then I'll immediately report it to the council (and I'm going to tell the neighbour that that is what I'd do).

I'm not sure you can assume that just because a fence is in the plans that it would need a PW agreement.

But they cannot remove a fence that you own without your permission. Do you own it?

What works are they doing? That will determine whether a PW agreement should apply.

bgy3jlh

MeteredOut said:

bgy3jlh said:

Correct - no PW process followed. Even the neighbour (who I previously thought was lovely) said to me that it'd be better for me not to have a fence! Thankfully, though, the concrete post and timber panels are clearly written into the plan, so if they go AWOL then I'll immediately report it to the council (and I'm going to tell the neighbour that that is what I'd do).

I'm not sure you can assume that just because a fence is in the plans that it would need a PW agreement.

But they cannot remove a fence that you own without your permission. Do you own it?

What works are they doing? That will determine whether a PW agreement should apply.

Not sure that I need to worry too much about the above. The fence remains, in the proposed plans, and if they were to remove it, it would be a deviation from the plans, which the council would then investigate.