can neighbour put scaffolding on my new roof?

[219rd]

the adjoining 3 storey terraced house owner wants to erect scaffolding on the roof of my 2 storey terraced house so he can reach all of his roof to carry out repairs.
he wants to place a tower in my back yard blocking my french windows and then build accross from this on to my roof and then upwards.
i understand that he can apply to court to gain access to my property but can he also go on to my roof.
he threatens legal action if i dont give permission and says i will have to pay all costs.
it took five years of saving to pay for my new roof and i am very upset that he wants to build his scaffold on top of it.
where do i stand

 

[Nige F]

Call his bluff - tell him to prove to you in law that he can trespass and put structures on your roof . I`m sure more will post on this topic soon enough

 

[IJWS15]

I presume he would have to show why it can't be done from the front or back alone.

 

[boilerbeasty]

I'd ensure that you get an independent survey of your roof before he starts and after he has finished, plus his written confirmation that these will provide the definitive reference for any change due to his works and he will be liable for any damage however caused, plus any consequential damage or loss. He ought to go halves on these surveys in my opinion.

If he says nothing bad could happen, don't just take his word for it, even if he is 100% genuine and well meaning. Unless he is doing all the work (planning and erecting the scaffolding, using it, taking it all down) then he will not be in control of what happens on your roof - and one dodgy contractor or mistake which is not fixed but ignored will cause problems and disputes for years.

Sounds like I have experience of this ? Unfortunately yes.

But with all legal protections you're still better off with goodwill and compromise than getting into the courts and disputes.[/i]

 

[jeds]

He has a right under the access to neighbouring land act to come on to your land/property to maintain his property. That is maintain - if he is building something new the right does not apply. It is ONLY for maintenance of existing buildings/structures.

That said, he must follow the procedure of the act. He can't just come onto your land and stick up scaffold wherever he likes. The procedure involves him giving you full written details of what he is doing, how he will do it and exactly how long it will take. You then have the opportunity to modify the plan. In other words you could object to having scaffold on the roof if there is a reasonable alternative.

ALL costs are down to him and he must undertake to make good any damage etc.

Personally I would let him on the roof. The most likely damage is a broken tile or two which is easily put right.

 

[219rd]

neighbour has now refused to help pay for a survey of my roof prior to his scaffold going up, assures me his contractors have insurance, assures me he will indemnify and refuses to submit his detailed plans in writing and estimates the work will take two weeks ish
says he cant get a cherry picker round the back distance too great
says he cant span entire roof front to back as it is 34 feet
assures me i will be perfectly safe below the scaffold
says if he goes for acces order i will have to pay his costs

 

[joinerjohn]

Why not try the CAB? free impartial advice available. Failing that book a half hour appointment with a solicitor who deals with this sort of thing. .
I'd have thought he had the right of access,(to maintain his property) but not the automatic right to put scaffolding on your roof.
You really should get legal advice on this, and soon by the sounds of it.

 

[big-all]

if your patio doors are a fire exit then he cannot block them
they become a fire exit if they are your only exit from the building if a fire in an ajacent room can block you in

"edited to say fire exit rather than fire doors"

 

[willmarsh]

if you've already seen this then apologies but...

http://www.opsi.gov.uk/Acts/acts1992/ukpga_19920023_en_1

and there is also an interesting post here:

http://www.legalbeagles.info/forums/showthread.php?t=8887

good luck

 

[boilerbeasty]

The bland assurances are worthless, you must have them in writing and you must have a mutually accepted reference point for the state of your property before they start work. Otherwise you will end up with "it was like that before we started" - i.e. "prove it" and you will not be able to.

It seems that you can't refuse access, so beyond this you need to set out a very clear and reasonable set of concerns and conditions - including the assumption which is deemed to be accepted by all parties and their contractors that the roof is in near perfect condition following its recent replacement/work with no cracked tiles, leaks, damage to flashing etc etc - whatever is true and reasonable. Then you can also specify the working times - e.g weekdays 7.30am-6pm, no weekends. And also the start/end dates.

As long as these are reasonable and would not normally prevent/hinder work, I don't see that they can fail to meet you some of the way. And one party being fair and reasonable goes a very long way if it ever gets to court - the last thing you need is to be painted into an image of being unreasonable/non compliant with the law.

You should see a solicitor for a short appointment - but don't let them waste it telling you what you already know or encouraging you into expensive litigation.

 

[gregers]

perhaps taking a shed load of photo graphs and getting your neighbour to sign them to agree that the condition of your property is as said photos???

 

[219rd]

from reading the "access to neighbouring land act 1992" i appear to have no option but to allow access.
what it does not cover is their right to build on my roof, i can't seem to find any instances of the same problem any where on the internet, only ones referring to gardens yards and driveways.
i have booked to see a solicitor on monday to clarify position.
thanks to all who have replied

 

[ColJack]

how wide is your house and why can't he span over it?

they should be able to put up a tower front and back and brdge beam units for the span..

 

[htgeng]

why not take some photos today and upload them here. Would help clarify things a lot as to why they want to build on your roof.

 

[219rd]

my terraced house has a minimum depth of10.5 metres from pavement to yard, it has a 2.4 metre wide kitchen extension at the back giving a space of 2.4 metres in the yard for scaffold to be erected.
will try to figure out how to put up photos