Neighbours want to scaffold in my courtyard

[DannyT]

Neighbours got permission to build a full height extension. We objected as it was right on our boundary. Anyway, nothing of it for 18 months. 
Today I came home and a builder stopped me and said we be starting work next Tuesday.

Said he will require access for scaffold etc.

Told him it would have been nice for more notice but without my permission first in writing he won’t be scaffolding anything.
His response was “we will just cantilever over your property then and won’t need permission”

Surely this isn’t legal? Even a cantilever scaffold would need permission?

1st lift would be 7ft above our courtyard.

I was going to be alright about it until he said don’t need permission and neighbour death stared me whilst I was trying to discuss the matter amicably.

[JohnMo]

Where are you England or Scotland, as you location says both - rules will vary?

[JohnMo]

Wonder if its the same rules a trees and bushes, you cut the branches off, as long as you give the owner as its there property.

[DannyT]

This is for a property in England 👍🏻

[DannyT]

If its not legal to cantilever without permission, I feel like half been compliant to try keep the peace by saying I want compensation for losing my outside space (only have the courtyard) for the summer. 
Just don’t feel like been overly compliant the way I was spoken too.
 

[Roundtuit]

9 minutes ago, DannyT said:

If its not legal to cantilever without permission, I feel like half been compliant to try keep the peace by saying I want compensation for losing my outside space (only have the courtyard) for the summer. 
Just don’t feel like been overly compliant the way I was spoken too.
 

Scaffolding aside, are they going to need access to actually build ie brickwork/pointing etc, or can it all be done from their side?

[Roundtuit]

This suggests that the law may be on your side... 

https://www.moorebarlow.com/blog/can-a-neighbour-erect-scaffolding-on-your-property/

[Spinny]

I'd have thought the Party Wall Act is likely to apply.

 

Building anything projecting over your land is trespass and legal action can be taken. 

 

When you say the extension is 'right on your boundary' do you mean the wall will be built against the boundary, or is the wall set back from the boundary by some distance ?

You are not allowed to build eaves and guttering that project over somebody else's property.

How close is the extension to your own building and foundations ?

Have you examined the plans which have been given approval ?

 

If you have house insurance then you could call their legal helpline for advice.

You can also get some initial free advice from the Faculty of Party Wall Surveyors  https://fpws.org.uk/services/ has the telephone number.

 

Clearly the neighbour is a ****. Act accordingly. 

 

This may seem like a request for scaffolding, but many other things can occur if you don't push back against somebody that has no regard for others.

Edited 5 hours ago by Spinny

[DannyT]

They can point overhand for first 21 course behind the fence but after that they will need access onto my side. I think I’m going to request a scaffold license to be put in place, but on my terms. I don’t want scaffold up for 6 months, etc. If they don’t agree to the terms then no access will be granted.

I am actually a reasonable person to people who show a bit back.

 

39 minutes ago, Roundtuit said:

This suggests that the law may be on your side... 

https://www.moorebarlow.com/blog/can-a-neighbour-erect-scaffolding-on-your-property/

Thanks. So over sailing could be trespass.

 

Im not a T*#T but when i get spoken to like one, I dont mind making life awkward 👍🏻

Edited 5 hours ago by DannyT

[DannyT]

30 minutes ago, Spinny said:

I'd have thought the Party Wall Act is likely to apply.

 

Building anything projecting over your land is trespass and legal action can be taken. 

 

When you say the extension is 'right on your boundary' do you mean the wall will be built against the boundary, or is the wall set back from the boundary by some distance ?

You are not allowed to build eaves and guttering that project over somebody else's property.

How close is the extension to your own building and foundations ?

Have you examined the plans which have been given approval ?

 

If you have house insurance then you could call their legal helpline for advice.

 

Clearly the neighbour is a ****. Act accordingly. 

The new extension wall will be build up against the fence that forms the boundary.

I will be keeping a close on measurements and projections as it goes up.

The foundations will be 2.5 metres from mine.

Ive got a courtyard between the 2 properties that will now become penned in between Mine and the neighbours new 2 storey extension.
 

I think I’ll give the home insurance legal team a call to discuss. 👍🏻

 

Edited 5 hours ago by DannyT

[-rick-]

35 minutes ago, Spinny said:

Clearly the neighbour is a ****. Act accordingly. 

 

So far the neighbours builder is. Not sure we have established whether the neighbour is. Maybe the neighbour just doesn't know better and the builder has promised to deal with everything.

 

Still it's not a good start so be careful but still might be worth talking to the neighbour to try and keep everything on good terms (worth calling insurance lawyers first though I'd guess).

[Nickfromwales]

It’s so much easier to knock a door, with a bottle of wine in hand, and ask how the best way forwards can be achieved.

 

Builder needs a lesson in how to act professionally and courteously, so sounds like he’s used to being somewhat of a bully, sadly.

 

I’d just go and knock their door, and have a normal, regular conversation with them, which will give you an opportunity to explain your prior objections, and the way the builder has spoken to you, 

I think you must accept the inevitable, and not lose any more sleep.

 

Go talk to them   

[-rick-]

Even if on good terms I think I would still want something in writing from them.

[Thorfun]

Just remember that everything takes longer than you think so take the builder’s time estimates with a pinch of salt and negotiate for the worst (and then add some extra time on!)

[Nickfromwales]

9 minutes ago, -rick- said:

Even if on good terms I think I would still want something in writing from them.

Oh, absolutely. 
 

1 minute ago, Thorfun said:

Just remember that everything takes longer than you think so take the builder’s time estimates with a pinch of salt and negotiate for the worst (and then add some extra time on!)

Yup, 6 months means <12. 

[Spinny]

Certainly looks like the PWA applies.

 

https://www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet#part-1-party-wall-etc-act-1996

Quote

 

If you intend to carry out building work which involves one of the following categories:

building a free standing wall or a wall of a building up to or astride the boundary with a neighbouring property (section 1 of the Act)

work on an existing party wall or party structure (see paragraph 3 below) or building against such a party wall or party structure (section 2 of the Act)

excavating near a neighbouring building (section 6 of the Act)

you must find out whether that work falls within the Act. If it does, you must notify all Adjoining Owners.

If work starts without a notice being given, an adjoining owner can seek to stop the work through a court injunction or seek other legal redress.

 

 

I suspect legal advice line etc advice you will get is to send a registered delivery/signed for letter to your neighbour. Inform them in the letter that the Party Wall Act applies to their building plans and work, and that they are required by law to adhere to the requirements of the Act and that you are hereby giving them formal notice that they must comply with the Act before work commences.

 

I have had direct experience of similar with a single storey extension built by my neighbour. Formal letters and documents are required. Assuming goodwill and that everything goes without issue is a dangerous thing. Sadly there are too many people out there that through ignorance, stupidity, selfishness, dishonesty and malice will cause problems. Prepare for the worst and hope for the best. After all any sensible neighbour would have knocked on your door to set up a chat and a coffee to talk over the plans and any concerns, and would already be fully aware that under the PWA they need to issue notices in the correct way, obtain your agreement, and give notice.

 

A Party Wall Agreement or Award normally covers off many of the things that could go wrong...damage to your property, access period to your property, working hours, noise and dust, reinstatement of things taken down (e.g. fence), vents, outlets, and pipes etc not discharging onto your property, not having diggers driving over your property, size and materials of what is to be built, access security for the site.

 

Also check whether they have a building notice with the LA, talk to the LA planning service, ask who is doing the Building Control for the work.

 

Look at the plans very carefully and closely - we raised queries about inaccurate drawings regarding ground levels - got no answers to reasonable questions. Turned out the neighbour was going to raise up the land on their side of the boundary not declared anywhere.

[Spinny]

Oh, one other thought...

 

Quote

A right to light is an easement in English law allowing a property owner to receive natural light through defined apertures (windows) over someone else’s land. It is typically acquired after 20 years of uninterrupted enjoyment, protected under the Prescription Act 1832. If violated, property owners can seek injunctions to stop development or claim damages.

 

[Spinny]

Any reputable experienced builder would know about the existence of the PWA and would not build illegally without ther being compliance and signed agreements.

Don't let the neighbour hide behind the builder - all the responsibilities are the neighbours, he is responsible for everything the builder may do or say as his contractor.

Take photographs now, during, and after. Any disputes need evidence. 

Builder is required to have liability insurance - ask for evidence of it.

 

Make sure projections are defined on drawings in the PWA before work begins.

Our neighbour was going to build at the boundary, until I sent him a formal letter giving notice that any projection over my land was against the law. He was supposedly going to use an infinitely thin undefined capping on the drawing ! Then he agreed to set back 50mm, then at marking out insisted on 40mm as capping would project 32mm - FFS.

 

Edited 2 hours ago by Spinny