Party Wall Act & scaffolding in neighbour garden

[jonbunk]

We are at the stage where the Party Wall Award is about to be issued however, for the works to proceed and to adequately and safely raise the flank wall that adjoins the property the builder proposes that the scaffold over hangs the garden by 500mm.

We have done everything within our powers to be reasonable and ensure our neighbours best interests are met - notably safety, security and minimising inconvenience and would not really want them to have an unsightly 4 m wall with bad rendering if we are forced to build overhand - obviously their choice but I'd rather be professional and ensure an excellent job all round.

My understanding is that under section 8 they must grant us access to erect scaffolding to complete the works safely.

Thoughts appreciated.

 

[jeds]

In fact you stand nowhere. There is no such thing as a right to go onto an adjoining owners land to erect scaffold (or anything else) without their consent. The Party Wall Act gives various rights for authorised persons (under the act) to go onto adjoining owners land but that does not include builders or neighbours etc. Bear in mind that many people think the act does give those rights but they are wrong. It is the subject of much controversy and is a well known problem which has never been settled in court.

You therefore must hope that your neighbours and their advisors fall into the catagory of those that think you ultimately do have a right. That being the case they will be awkward but may eventually let you get on with the work. If however they dig their heels in and say your not coming on, then you have a problem.

My advice then is tread carefully and don't get too heavy. You don't want to **** them off at this stage.

 

[noseall]

Agree with Jeds. At no point are you entitled to trespass.

If they are unrepentant say that you will be forced to ask the builders to build overhand and this may create an eyesore from their point of view.

 

[karlosmaximos]

Why dont you ask your build if he can do the brickwork "overhand", not ideal, but it might make the situation with your neighbour a bit easier?
Just a thought.....

 

[Nige F]

You want to move into Sussex @ my last house I sold neighbour a strip of land then let them put up scaffold on what was still my garden for the duration . We`re like that in the sticks. Middlesex - isn`t that a posh name for London

 

[CortinaV8]

Just talk to them, most people are fairly reasonable.

If he proves to be a total c*nt over the situation bung the brickie a bit of a cash to create some "artwork" using decorative bricks while constructing the wall

 

[noseall]

Just talk to them, most people are fairly reasonable.

If he proves to be a total c*nt over the situation bung the brickie a bit of a cash to create some "artwork" using decorative bricks while constructing the wall

Using the builder as a go-between is not such a bad idea......clicky

 

[JohnD]

You talk as if you have bent over backwards to do then a favour, but...

... we have conceded on all areas to ensure they are happy.
- no noisy work at weekends
- foundations on our side only
- replacement of trees and shrubs
- building only up to the Party Wall only
- providing notice when we need access to their property

I don't see any favour there. What you have written is no more than the minimum they are entitled to expect. Wouldn't you?

 

[jono_h]

When building our extension I went around to our neighbours and had a chat with them. Left them with a letter asking for permission to access their land if necessary, and a cheque for £200. They were perfectly happy to have the scaffolding in their garden for a few weeks.

It was worth every penny of that £200 to keep them sweet, and was a tiny amount when we were spending £70k.

 

[alittlerespect]

You need to go to the 'Access to Neighbouring Land Act 1992'.

Do a web search and you might find some useful information?

Regards

 

[jeds]

You need to go to the 'Access to Neighbouring Land Act 1992'.

Do a web search and you might find some useful information?

Regards

Unfortunately, that act doesn't apply to new building work. It is for maintenance of existing only.

 

[alittlerespect]

Well in that case its all down to the ol' goodwill gesture (perhaps with a bitter taste) and coming to an arrangement with your neighbour whereby you agree a level of compensation if he allows you access to his garden - how much! well that's down to how badly you want the wall built and what your neighbour may consider reasonable compensation!!

So negotiate, a little sweetner goes a long way at times! Who knows maybe he will relent (unless you have really ****ed him off along the way!! In which case you may as well build a bad wall and not give a damn and let them face the consequences - maybe then they will rue the day they didn't give you access, and besides which you won't be the one who has to live with the view day in day out!! Sad course of action but sometimes people leave you with no other option!

Regards

 

[Nige F]

You talk as if you have bent over backwards to do then a favour, but...

... we have conceded on all areas to ensure they are happy.
- no noisy work at weekends
- foundations on our side only
- replacement of trees and shrubs
- building only up to the Party Wall only
- providing notice when we need access to their property

I don't see any favour there. What you have written is no more than the minimum they are entitled to expect. Wouldn't you?

£200 I did it for £000. Iam THE good neigbour

 

[noseall]

I heard a tale once i don't know if it is true.

Similar situation to the o.p's but this was an ongoing building site where some of the houses were occupied others were not.

The brickies had a lot of grief from the occupied house next door. So they carefully chopped out bits mortar, on the gable end facing the neighbour, and re pointed these bits in a contrasting mortar colour.

When you stood back and read it it said C**T.

Prolly just a yarn, but funny.