Scaffolding on my land. What rights do i have ?

[trevorbayliss]

I own a semi detached house and the neighbour is selling up.

A potential buyer has tried to contact me to ask about putting scaffolding on my side to sort out the roof and at the rear rebuild the extension. I imagine it may involve building right up to the boundary line as at the moment there is an extension, but it also has a tiny yard bit next to the boundary wall. So a new extension would infill this wasted space.

Does anyone know what happens in these situations ? I don't mind the scaffolding coming over, but do mind a bigger extension coming right up to my boundary.

 

[Burnerman]

Challenge the extension through your local planning authority!
Access or scaffolding on your land can only be with your express consent.
John

 

[trevorbayliss]

ok, thanks.

 

[^woody^]

Access or scaffolding on your land can only be with your express consent.

Not if the neighbour uses the Party Wall Act for the extension.

And why should the OP be advised to challenge the extension? Why can't people be allowed to extend their properties?

 

[^woody^]

What is wrong with letting a neighbour maintain their house by helping with the scaffold?

The protocol is:

1. someone asks a neighbour, the neighbour can be neighbourly and lets the scaffold be erected, and any damage is taken care of by the neighbour who is doing the work.

2. the neighbour is not neighbourly, and the the workis done differently, causing a load of mess to drop over the garden which then creates a big argument. and bad feeling forever.

3. the neighbour applies to the court, gets access for the scaffold and the neighbour who refused access pays the costs.

With regards to an extension, if it conforms to the local planning policy or is done under permitted development, then nothing can be done about it. If the builders get access to build from a neighbours side, then the neighbour can look at a nice wall. If not, the neighbour can potentially look at a horrible grey block wall with mortar hanging off it all over the place

 

[Nakajo]

Far better that the property just collapse onto yours through neglect.

 

[Burnerman]

There is nothing to prevent neighbours being neighbourly whatsoever and I hope this would normally be the case.....whatever people want to do I'll be obliging and helpful enough - I've gone the extra mile before. This even involved removing a fence so the contractors plant could get in.
However.....one case springs to mind where a 'gentleman' concerned became aggressive, obscene and demanding things......trying to bully me, in fact whereas he was only shooting himself in the foot.
In this case I had to reappraise the situation because I don't like bullies.
If the correct protocol is followed, all is good with me.
John

 

[SimonH2]

Well you have the opportunity to get off on the right foot with the new neighbours. I'd ask to have a chat with them and find out a bit more about their plans - and as long as they agree to sort out any damage/mess then there's no reason to make life difficult by refusing to allow scaffolding. Lets face it, at some point in the future you may need some work doing that's easier/cheaper if they reciprocate.

As to the extension, then as pointed out it may well be permitted anyway and there's nothing you can do. Would you rather look at a rendered (or whatever) wall - or a crappy block wall built overhand from the other side ?

 

[Burnerman]

Sound reasoning, Simon.
I hope your not one of the poor suffering souls in Carlisle, Keswick or wherever......working in Keswick just now - ghastly mess. Carlisle looked more like the Seychelles from the M6 (without the sun).
John

 

[mattylad]

Let the neighbour know that you will allow this however (and take pictures now) they must ensure that they return your property to the state it was in before the scaffolding went up, if you have flower beds then they need to be protected, if the scaffolding needs to go there and your flowers are ruined then they need to pay for replacements etc. If your being neighborly then they need to be too.

 

[SimonH2]

I hope your not one of the poor suffering souls in Carlisle, Keswick or wherever......working in Keswick just now - ghastly mess.

No, I'm down the other end. We've had some flooding around here, but nothing that's affected us personally. SWMBO does know some of the people affected locally though. Where our house is, if that floods, then most of the town would be renamed New Atlantis due to being under a couple of hudren feet of water Worst case for me was a 20 minute holdup due to a short section of road that floods whenever we have very heavy rain - but it never gets to the state where traffic can't pass as long as it's single lane sticking to the crown of the road.
The Swan @ Newby Bridge and The Whitewater @ Backbarrow aren't that far from us - they've both been flooded (again). In the first picture in this report, you can see water that's come over the bridge, across the road, along the terrace and is pouring over the front of the Fisherman's Bar - just like it did in 2009.
For a short while on Saturday night we were more or less cut off as the A590 was flooded along Levens flats - and considering the area involved, and the height of the road above the surrounding ground, that's a few sh*tloads of water. But now, for us at least, it's back to normal.

Carlisle looked more like the Seychelles from the M6 (without the sun).

Judging from the photos, parts of Kendal aren't too much better.

It must be quite depressing for those who have had their property flooded.

A friend used to work on a passenger boat on one of the lakes. He said Pursuring was the bit he most disliked, dealing with questions from the public. It was a steam boat, and people would ask "is it petrol or diesel ?" Others would ask "Is it safe ?". But his favourite one was "Does it always rain this much ?", he'd just point overboard at the lake and quip "it's called the Lake District for a reason

 

[trevorbayliss]

This guy is a little aggressive. I haven't met him yet, but i will be doing. It just doesn't sound that good at the moment.

I don't mind my side being used for scaffolding for the roof, but i do mind a new extension going up. The rear of my house only has a small flagged yard. Running down the boundary wall is a 1m high wall, which is about 6m long and then it becomes a brick garage. So the party wall feel pretty oppressive around the garage area.

What this guy wants to do is build on the current extension to double the height and also bring the kitchen section right up to the boundary where the 1m high wall sits. I am not happy with this because it will be much more oppressive and dark.

It also means the builders will be on my land while it all goes up and the guttering will need to be serviced from my side. If he is allowed to build a double extension then so be it, but i would prefer he leaves 1m approx of working space on his side so he doesn't need to access my property to do work and in future sort out gutter problems.

This photo may help see what i mean

 

[Burnerman]

As you have probably gathered Trevor, it is your right to contest any planning application. Whether you win or not depends on how strong a case you can present and how many other factors are on your side. Hopefully you can reach a compromise, but you seem to be the nice neighbour from here.
I cant quote right to light and so on - way out of my brief - but you may want to stress that you don't want to be overlooked, invasion of privacy and so forth.
You may wish to take legal advice if you feel its necessary.
John

 

[jeds]

I can't see that infilling that small area (single storey) would make any difference to your side and if that's what it ends up there's no question of objecting because it would almost certainly be permitted development. Two storey might be different but if it’s as oppressive as you say there's a good chance it won't be approved so you may not even have to worry about that. Personally I’d hang back and see what happens. Ultimately you can’t stop them building so why get worked up over something you can do nothing about.

 

[^woody^]

If the bit he wants to make double storey is not connected to the main house at first floor level ie house - single storey - double storey, then it's unlikely to get planning permission.

Also, second storey extensions close to boundaries and neighbours windows are difficult to get approved.

I think it would be much better for you if that bit is filled in at ground level. He won't be able to have a window in it.