Average charge for access rights

swingaloo

Another point here, has the leaseholder got permission from the freeholder to build into the dormer. I know someone who lives in an upstairs flat and they have converted above them (with planning permission) but now they are in a position where they cant sell as they dont own what is above them. Planning permission can be gained but if you dont own the space then you cannot use it.
The person I know has wasted thousands converting and blames it on the fact that as she got planning permission she was given the right to convert but is now in a very difficult position.

sheramber

Dusty_bear25 said:

Auti said:

Just a thought that they could not block access doors due to health and safety - what if there was a fire and you needed to use the door to exit?

Very true. They're basically trying to save costs so they don't have to use more complex scaffolding but that would restrict my rear exit to the building completely as it would block both kitchen door and the back gate. Good point thanks.

Then rather than charge a sum of money insist that they do not block your back door and block light from your house. 

If they do block light then it would be reasonable for them to pay your electricity bills. 

WIAWSNB

Hi Dusty.
Are you sure charging them a weekly sum is the best approach? 
I struggle to see how scaffolding can prevent a whole garden from being used? Or how it can block a doorway? Could you explain, please?
I can understand there being some loss of light from the shade created by the upper scaff boards, but how would that be more excessive than from, say, an overcast day?
Mess and dust - yes, these could very well be issues depending on the work being undertaken, but how would this be different if the scaffolding layout was rearranged? Isn't it just an unfortunate side effect of such work, regardless? As is noise. If you had internal work carried out that caused a racket, would you expect to compensate your neighbour for this?
Damage - yes, this should absolutely be made good, and this often comes with associated betterment. Eg, if any decking is damaged, you should end up with new stuff.
Personally I think you should focus on being as 'neighbourly' and accommodating as you'd hope they'd be for you, but - absolutely - nail down your expectations on the above issues. And perhaps a weekly compensatory sum should they exceed the expected/agreed time scale.

swingaloo

WIAWSNB said:

Hi Dusty.
Are you sure charging them a weekly sum is the best approach? 
I struggle to see how scaffolding can prevent a whole garden from being used? Or how it can block a doorway? Could you explain, please?
I can understand there being some loss of light from the shade created by the upper scaff boards, but how would that be more excessive than from, say, an overcast day?
Mess and dust - yes, these could very well be issues depending on the work being undertaken, but how would this be different if the scaffolding layout was rearranged? Isn't it just an unfortunate side effect of such work, regardless? As is noise. If you had internal work carried out that caused a racket, would you expect to compensate your neighbour for this?
Damage - yes, this should absolutely be made good, and this often comes with associated betterment. Eg, if any decking is damaged, you should end up with new stuff.
Personally I think you should focus on being as 'neighbourly' and accommodating as you'd hope they'd be for you, but - absolutely - nail down your expectations on the above issues. And perhaps a weekly compensatory sum should they exceed the expected/agreed time scale.

Totally agree with this. I cant imagine why anyone would want to be so unhelpful to a neighbour as to charge them for having scaffolding up. They cant block a door or a window so the boards can only be above the window which of course may block some light but surely its not a major problem for a few weeks.

HobgoblinBT

Why not agree a fee to start after the expected completion of works as an incentive to remove the scaffolding asap. EG if the works are expected to take 4 weeks, agree that the upstairs neighbour pays say £100 per week from week 5 onwards.  

brianposter

Or even charge a weekly sum which will be returned as long as the scaffolding is removed by an agreed date.

Auti

Just wondered how you would enforce payment and if you can blanket refuse the scaffolding as it is needed - you would have to have a properly drafted agreement maybe involving a solicitor (your expense).

silvercar

Dusty_bear25 said:

silvercar said:

A family member had this recently. They didn’t charge in the interest of future neighbourly relations, but did insist that the scaffolding was placed in such a way that a door from the house to the garden wasn’t blocked. That did mean the scaffolders had to use a different layout that took longer to erect and used more scaffolding, but it was the most sensible approach. The scaffolding remained in place for twice as long as originally intended, so they were glad they insisted.

Thank you, that's the issue, as I'm the ground floor apartment with private and sole use of the front and back garden, the only way they can build into the dormer for the flat above is by erecting the scaffolding in both gardens which will block the back doors and block light to my kitchen bedroom and lounge. I have a dog so majorly inconvenient. Also, the rear garden has wooden raised decking so I’ll need their confirmation in writing that any damage to the decking will need to be remedied and paid for by them. Such a difficult scenario! 

There’s always another way. If they put the scaffolding so it extended further into your garden, you could at least open your doors. I would insist on this. Or they put the scaffolding in a different direction and bother other neighbours. Their choice, but I would be insisting on access. Family were glad they insisted, what was meant to be 6-8 weeks over winter months extended into 4 months into Spring.

pinkshoes

As it's so invasive I'd perhaps suggest they pay for alternative suitable accommodation whilst the work is done.

Or they need to erect the scaffolding so you have full access to the house. They can't block doors.

XRS200

I wouldn't charge anything.

I would get them to design it so it doesn't block doors.

They'll need to agree to make good any damage.