Should I charge neighbour for scaffolding in my garden?

[jimbobbowen]

The two top floor studio flats in our converted georgian terrace have recently been bought on the premise of extending each of them into the roof through the installation of dormer windows into the roofspace. I have no problem with this however we realise that scaffolding will be required to be erected in the back garden (which we have sole use of in our lease) - which we have recently renovated - and which was a key reason for the purchase of our flat earlier this year.

We do not want to be unfair to the new residents but realise we will be inconvenienced substantially by this and after all, the intended works will add considerable value to the properties - could anybody recommend a fair means of obtaining compensation? Perhaps some form of contract whereby the intended period of work incurs no charge but where charges are incurred if this period is exceeded?

Can anybody help from experience?

Thanks loads, James

 

[TexMex]

If this is a leasehold flat, you will invariably find a covenent in your lease that you must allow access to the above flat for maintenance. This would (anoyingly to you perhaps) cover the use of scaffolding. If it is freehold, you will probably find a similar covenent in your deeds.

Check, by all means, but I'm pretty sure you'll find it.

 

[markf]

Speak to your solicitor. They shouldn't charge you (too much) just to advise, but they may recommend a contract is drawn up to cover for any potential damage caused by the scaffolding and building works to your property.

 

[big-all]

heeelllooo j b and welcome

i think your approching this from the wrong angle talk to your neibours get to know them ask them there plans come to an agreement with them discuss your concerns and things that particulary bother you
ask them if they intend to repair any damage
take pictures incase of disputes

most of all if somthing bothers you tactfully broach the subject and if you dont get a satisfactory answer tell them your still not happy [tactfully again]

 

[pieman]

Appreciate that it is a drag having this work going on around you. I would certainally photograph all the area before works take place, and require assurance that any damage/mess/wear will be put back to rights after work is completed, and agree reasonable working hours (e.g. not before 8am or after 6/7/8pm etc. not at all on Sundays...)
As TexMex and MarkF suggest, check with your solicitor about rights of access for works to the building in your deeds. It may all be set out there.

However...a good relationship with your neighbours is worth any amount of cash...

My brother has been through eighteen months of hell trying to get a modest extension to his detached house started, because of objections from one 'dear little' old lady in her eighties. He has done everything by the book, and yet has had to incurr substantial legal costs to defend the fatuous case (thrown out straight away) brought against him. (this included being sued for trespass because he was kind enough in the past to replace, as a favour, he offered and she accepted) a couple of panels of fence and posts, along their boundary, which belonged to her. She sued him for trespass (his fence panels on her property!! ) He also had to take down and move a greenhouse which he was careless enough to erect with 2 inches of gutter hanging over her fence. She is now after him for her legal costs, despite the case being dismissed...

I would think you've got a great opportunity here to play the helpful friendly neighbour, offering the newbies upstairs (or is it a small development company doing this?) cups of tea and refuge from the hell of building works, and strike up a grand relationship...(sounds like a script for a Gold Blend advert... )

...If it is a company doing the conversion, or a non resident doing it as a money making concern, then I would think that some compensation would be perfectly reasonable; The difficulty is maybe that the scaffolding for a couple of dormers won't be up so long, and reasonable compensation might be quite modest. If you want to tie it up contractually, though, Solicitor's costs may be disproportionate...

 

[jimbobbowen]

Astounding response. Thank you all.

I agree a good relationship is worth any amount of money as we may well all live together for some time. I will certainly check the lease to see if that removes any choice from my part - that would certainly simplify things.
I guess i will take pictures, consult my solicitor, or have their solicitor draw up some form of contract stating that any damage will be repaired. I am still keen to have some form of penalty if possible if for example the scaffolding remains up for more than perhaps 3 months when we are advised that it will only take a couple of weeks - hopefully this will prevent liberties being taken and work being allowed to drag excessively.

Is it common that damage is caused? I never really thought about this but we do have a fairly non-robust flat roof portruding on a single storey extension in the back garden that might well be used to support parts of the scaffolding - i would be adamant that undue strain is not put on this roof as it is not particularly well laid - felt is less than year old but the overlaps run the wrong way up the incline - unbelievable workmanship.

cheers again, James

 

[JerryD]

Being under scaffolding is potentially risky, materials, tools and debris possibly falling down. The scaffolding contractors must ensure that the scaffold is completely screened, toe-boarded and debris-netted if you are expected to be underneath at any time.

Although work is going on above, you should not be required to wear a hard hat in your own garden!

The scaffold should be to the standards of safety as used when scaffolding shops in the High Street.

 

[pieman]

eeeuw!
support off your flat roof is a whole nuther ball game!
I'd be really cautious there - the roof might be ok for occasional acces for maintenance, but a scaffolding could impose all sorts of loads on it.
I'd make it clear that, in addition to everything else,
a) they have full responsibility for ensuring that your roof is adequate to take the scaff - no implication that you have offered them a 'right of support' for it. Structural engineer?
b) I'd want to see that their insurance for the works fully covers any damage to your building. You might want to get your policy and theirs checked out back to back - insurance wrangles can be a nightmare...

 

[jimbobbowen]

Good points again. Really appreciate it.

Thank you all.