Neighbours need to put scaffolding in my garden

IvyFlood

Hi 

My neighbours (semi detached) are building a two story extension and have asked if its ok for the builders to put scaffolding in my garden in order to access the roof. 

This has all come at really bad timing as me and my husband have recently separated and he has moved away so I've not had the headspace to deal with it at the moment so haven't given them an answer and now they are really pressuring me.

I don't really want scaffolding in my garden for a number of reasons. They have assured me there will be no damage and that it will be there max 2 weeks but I don't see how they can guarantee. Also, there's a chance I may have to put the house on the market so I don't want it there for that reason. 

What are my rights on this? They have said that not putting the scaffolding would seriously impact them and they wont be able to finish the build. Are they right? I don't see why it should encroach on my land!

silvercar

If you are going to put the house on the market, there is an argument for agreeing it now and getting it done with.

I wouldn't believe the 2 weeks. A family member agreed to scaffolding. They were told 8 weeks and it ended up 4 months.

There have been threads on this topic recently, so have a search. I think the bottom line is if you want cordial relations with a neighbour you should probably agree. But be in control of the layout, you want to have access to all doors throughout.

kipsterno1

As above. Maybe agree a realistic date for the scaffolding to be removed by and draw up an agreement that they pay £x per day it remains after that.

IvyFlood

@kipsterno1 really? I wouldn't even know what rate to specify! 

flaneurs_lobster

IvyFlood said:

What are my rights on this? They have said that not putting the scaffolding would seriously impact them and they wont be able to finish the build. Are they right? I don't see why it should encroach on my land!

Someone who actually knows about roof access can correct me but in my recent experience, not having access to someone else's property to erect scaffolding to gain roof access can usually be overcome but will result in more awkward and expensive access methods.

Depends if you want good relations with your neighbours. If there was a chance that I'd be selling my half of the semi any time soon I wouldn't be p1ssing off next door - they can make your selling process less than optimal. 

DullGreyGuy

IvyFlood said:

My neighbours (semi detached) are building a two story extension and have asked if its ok for the builders to put scaffolding in my garden in order to access the roof. 

This has all come at really bad timing as me and my husband have recently separated and he has moved away so I've not had the headspace to deal with it at the moment so haven't given them an answer and now they are really pressuring me.

I don't really want scaffolding in my garden for a number of reasons. They have assured me there will be no damage and that it will be there max 2 weeks but I don't see how they can guarantee. Also, there's a chance I may have to put the house on the market so I don't want it there for that reason. 

What are my rights on this? They have said that not putting the scaffolding would seriously impact them and they wont be able to finish the build. Are they right? I don't see why it should encroach on my land!

Ultimately its your choice if you allow it or not; obviously if you say no to them then dont expect good relations going forward and this may cause issues with your future sale. 

I agree with others that it's unlikely to be just two weeks. 

MeteredOut

kipsterno1 said:

As above. Maybe agree a realistic date for the scaffolding to be removed by and draw up an agreement that they pay £x per day it remains after that.

Came here to suggest this, but get it in writing and signed by the builder and neighbour, making them jointly and severally liable.

Take plenty of pictures of your garden beforehand, dated and signed too. What could get damaged? eg, would it on a tarmac drive, paving slabs, grass etc?

Scaffolders are known to keep their scaffold up at one property until it is needed at the next - cheaper than taking it down and transporting/storing it in the interim.

IvyFlood

Thanks for everyone's responses

Realistically though say I do have an agreement for them to pay £x for every day its up after 2 weeks, how would I get them to pay, they could just refuse, how would I enforce it? I'd have to go through a court? Its sounds a lot of hassle which I really don't need right now on top of my domestic situation.

I simply don't want scaffolding in my garden. I don't see why their extension should involve my property/land, it is being built on the furthest away possible side of their house to me.

Damage wise, it would be the side of my house close to a kitchen window and upstairs a sloping roof and would also block access to my outside tap. This particular area of the garden I was also wanting to tidy up cause its a bit overgrown there currently. I'm not just saying that cause they want to put scaffolding there, its been on my to do list for a while but its difficult with a 15 month old especially now I'm a single parent but my parents have been helping me tidy the garden so chances are we will be sorting it soon.

MeteredOut

IvyFlood said:

Thanks for everyone's responses

Realistically though say I do have an agreement for them to pay £x for every day its up after 2 weeks, how would I get them to pay, they could just refuse, how would I enforce it? I'd have to go through a court? Its sounds a lot of hassle which I really don't need right now on top of my domestic situation.

I simply don't want scaffolding in my garden. I don't see why their extension should involve my property/land, it is being built on the furthest away possible side of their house to me.

Damage wise, it would be the side of my house close to a kitchen window and upstairs a sloping roof and would also block access to my outside tap. This particular area of the garden I was also wanting to tidy up cause its a bit overgrown there currently. I'm not just saying that cause they want to put scaffolding there, its been on my to do list for a while but its difficult with a 15 month old especially now I'm a single parent but my parents have been helping me tidy the garden so chances are we will be sorting it soon.

It sounds like you simply don't want to do it, which is perfectly within your rights, and want to find the best/easiest way to tell them that.

You don't have to give them a reason, but if you want to, those are 3 valid reasons I've highlighted above. You could mention the plan to sell too.

Of course, if you then end up not tidying up that area, then the neighbour would probably not trust you in future.

IvyFlood

@MeteredOut I have mentioned the plan to potentially sell (this isn't confirmed I'm just in the process of getting my finances in order) and the outside tap. He said they won't block it but I think it will. He also said for any photos it will be barely visible as its just round the side 'plus everyone knows scaffolding is only temporary, for anyone looking at a picture' (his words). Yes, its temporary but temporary for how long. I know if I was viewing a house and there was scaffolding in the garden I'd be a bit wary.

I get they need an answer soon as the builder is due to start the roof next week but he's been knocking on my door every night as well as constantly messaging to the point the pressure is annoying me now, on top of everything else I'm having to deal with. In the past, he's always been so unapproachable, miserable and unfriendly and now as soon as he needs something he's making sure his voice is heard! The wife, I met up with a lot last year as our children are 3 months apart but ultimately have nothing in common with her as our parenting styles are very different!

You are right I don't want it in my garden cause its my garden! Its their extension, not mine why do I have to be involved. Does this mean I am being awkward?

Bigphil1474

Personally, I'd say you are being awkward. You are entitled to be of course, it's your garden. My approach is what comes around goes around. I help my neighbour out and they help me out. We're not best buddies that go down the pub for a few pints together, but if it's no skin off my nose, I would help.

Even if you decided to put your house up for sale now, it would take a couple of weeks to get it on the market. Even if the scaffolding was still up when you were having viewings, I think most people would understand if you explained you were helping out the 'lovely' neighbours. Can't see any reason why scaffolding would block access to a tap - it's a few poles at ground level. Maybe ask them to get that bit of garden sorted for you in exchange for allowing the scaffolding on?