|Spice Cat||23/06/2016 17:20:42|
|1304 forum posts|
As this forum is the font of all knowledge I was wondering if anyone can give me a steer on this little problem or had experience themselves.
My father, in his eighties and not in the best of health, has neighbours that have submitted a planning application for home improvement involving external building work.
The plans have been approved and work is due to commence soon but today the neighbour informed my dad that scaffolding would be erected on his property. This is the first he has known of this and has objected to this due to the last time this happened his property was damaged and he had a very stressful time getting things put right.( Presumably during the planning phase it would have been known that scaffolding would be required on a neighbours property so why wasn't it mentioned then??)
The neighbour has told him that by law this can and will be done. All I can find is the Access to Neighbouring Land Act 1992 but it specifies that the work must be for the 'preservation' of land. I did read in another forum that home improvements are specifically excluded from the act.
Anyone had experience of this from either side of the argument??
|Dave Hopkin||23/06/2016 17:33:34|
|3672 forum posts|
This might shed some light....
Seems to me that you can get a court order to erect scaffolding in someone else's property for the purpose of PERSERVING the existing structure, but that would not apply to an extention
600 forum posts
You will need a solicitor to draw up a contract stating time where duration etc and inconvenience charge for the privilege of them having to use your land this will also include over staying charges and potential damage issues.
it is a standard thing and 'reasonable'
take before picture for reference
|5864 forum posts|
It could of course be a two way thing - you may need to ask for the same thing in future. So being reasonable might be worthwhile.
Falling out with a neighbour might be worse in the long run than any damage to your property especially if you are old and might need friendly neighbours in an emergency!
You could allow it but set certain conditions such as hours, noise ( radios not allowed), dust elimination, to be completed in a certain time., no damage to plants& trees, no parking of builders vans in front of your house etc Who is responsible for repairing damage. Are the builders insured, not just the scaffolders. All things that your neighbour won't worry too much about conceding because its up to the builders to please you..
If its a semi detached property make sure the bits that are common dont get damaged on your side - have a set plan for any such work.. ( i had a neighbours men just cut through a wooden facia board and leave an un-painted or preserved cut end to my facia! )
So I suggest conceding easily but on your terms -start by saying what are you going to do about the noise, plants etc
Edited By kc on 23/06/2016 20:36:36
|5864 forum posts|
An extra thing I thought of after recalling how my neighbours extension work annoyed me last year ( no scaffoldiing though) The worst thing was the continuous noise of radios and shouting for many weeks. . far more annoying than the days noise from pneumatic drills on concrete. Having the phone number of the builders boss - not the workers on site - might be a very good insurance against problems!
|Spice Cat||23/06/2016 21:32:17|
|1304 forum posts|
Thanks for this help chaps. I think his neighbour may be trying to pressure him a bit. They obviously don't know him that well!!
|John F||23/06/2016 21:35:57|
1318 forum posts
Of course building work will be noisy, KC, it is par of the course but the problem is the scaffolding and potential damage.
The builders will be insured anyway but to refuse based on a previous issue will just alienate the neighbours, although it is entirely understandable.
They cannot force the installation of scaffolding as per the Access to Neighbouring Land Act 1992; that is only done to preserve an existing building if it were deemed at risk of falling down. A new extension is not covered by the act.
They most definitely do need permission to put the scaffold onto your fathers property for a new build project.
I would advise a signed agreement with photo's of the area before that details a promise to remedy any issues upon completion of works. The building company is probably quite used to arranging such agreements so it might be best to speak to them first.
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