My extension scaffolding based in my neighbours garden?

DFamily · 20 Jun 2009

Hi,
Am planning extension to right hand side (rhs) (and left hand side lhs) of my detached house on top of existing single storey flat roofed extension on rhs (and garage on lhs).
Front rhs corner of existing extension (built early 70s by previous owner with retrospective planning) within approx 20cm of shared boundary hedge.
Probably need to put scaffolding support points into Neighbours garden?
Is there any way I can get around this by scaffolding right round house so that support point for front rhs not required in neighbours garden (as am doing right/ left extensions at same time and all going up to 2 storey?)
From what I can gather as the boundary is a hedge at least 10 metres away from neightbours property I do not need to serve a notice under the Party Wall Act as am not touching a boundary wall.
Thanks

^woody^ · 20 Jun 2009

Scaffold can be cantilevered.

But you can't overhang scaffold across a boundary without the neighbours permission anyway

DFamily · 20 Jun 2009

Thanks Woody, what do I do if my neighbour wont give permission?

^woody^ · 20 Jun 2009

If the PWA will not apply, then you will have to build it from your side.

mater · 20 Jun 2009

you would need to notify him via a solicitor if he refuses, the law would be on your side as you can get a court order to go on to his land. i had this problem doing an extension a few years ago. most people let you use their land with no problem the ones that dont usually do once they recieve a letter via a solicitor

mattylad · 20 Jun 2009

offer to buy the permission from them.

A small payment & a bottle of wine/pack of beer can often achieve all sorts.

mater · 20 Jun 2009

good idea there, dont let it get to hostile

^woody^ · 20 Jun 2009

mater said:
the law would be on your side as you can get a court order to go on to his land.

What law would that be?

mater · 20 Jun 2009

you have the right to use ajoining land to improve and maintain your property. this can be granted by a court if you wish to extend. i am sure it would not come to this tho

DFamily · 20 Jun 2009

Woody
From the answer I had on the gardenlaw discussion website I think that would be the 'access to neighbouring land' act
There is a post that I was pointed to

http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?p=20175&sid=a404f682c95721bba6c0834690c97e1c
with a subject line of
ACCESS TO NEIGHBOURS LAND TO ERECT SCAFFOLDING

DFamily · 20 Jun 2009

also, unfortunately, although the law appears to apply to right to maintain your property - it does not seem to apply to adding new bits according to the gardenlaw web post i mentioned above

mater · 20 Jun 2009

it is a grey area but i found that we could do this by law, it did not go to the courts as they had advice and were told by solicitors that they would lose and costs would go against them. they then granted permission

^woody^ · 20 Jun 2009

There are no rights of access for extensions, or suchlike

The Access To Neighbouring Land Act 1992 only grants rights for certain specific types of works - all of which are of a maintenance or preservation nature.

The Act does not grant any rights for access for new building work. The PW Act will, if it is relevant, and that is the only chance.

As for Solicitors, their assertions are almost entirely puff and bluff. I would love to know how they would have hoped to go to court to gain access to someone else's land so that a person can build his own extension.

DFamily · 20 Jun 2009

Thanks to all posters, I will be trying the friendly approach as I don't seem to have an alternative unless the builders can do the offending corner mostly from the inside and/or scaffolding based within my property! You were all very helpful

jeds · 21 Jun 2009

The fact is you cannot put scaffold on or over your neighbours land for new building works without their permission. Neither the Access to neighbouring land act nor the PWeA gives those rights - although a lot of people think they do.

My advice is to speak to the neighbours nicely and assure them you will take the greatest care.

What a lot of people do in these situations - although I couldn't advise it myself - is to just wing it. Cantilever the scaffold over anyway and get the work done as fast as possible. By the time they get around to any meaningful action you could probably have the work completed and removing the scaffold will put a stop to it. Not exactly nice but it is much used option and gets the job done. Just make sure you do absolutely no damage whatsoever.

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My extension scaffolding based in my neighbours garden?

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