Neighbours want to scaffold in my courtyard

[Spinny]

Danny,

 

I would say the PWA applies anyway, because they are building at the boundary. I would just assert that to them in the letter and tell them they need to comply  The PWA is potentially your friend here, it is the law, and it makes your agreement with the neighbour legally binding.

 

I certainly would not tell them or suggest to them that you want foundation drawings to determine if the PWA applies. As far as you are concerned they are building at the boundary and so the PWA does apply.

 

I would say, ask for the construction drawings for the extension they are building. This is important because what is built may be or end up different from what is only approximately depicted in planning drawings. Do you not care what type of bricks or blocks that wall is built in ? Do you not care if the eaves illegally overhang your property ? Do you not care when conveyencers start to ask you whether the building at the boundary was covered by a PWA when you try to sell your house ? Do you not care if the drainpipe discharges onto your patio ? Do you not care if their kitchen extractor belches out over your patio ?

 

Foundation depth is not the determining issue here. Foundations typically extend beyond the wall itself - which would put them on your land ! A construction drawing would show this, eaves width, height, rainwater handling, will there be a soakaway ?

 

The legal responsibility is theirs - you need to state that unequivocally and invoke the act. They need to do the work and make the running here in order to get your formal written agreement, otherwise they are in breach of the law.

 

I would not begin to state to what you will agree with at this stage. Things need to follow the PWA process - you can't just make it up yourselves.

 

It feels like you are wanting to be super friendly and helpful to someone that appears ignorant of the law, too rude and selfish not to have spoken to you way before now, is breaking the law, and could make your life a misery for 12months and more.

 

Be positive and assertive, hold them to the law, do not make concessions before you have even got them on the right page legally.

 

There is a negotiation and agreement process here which is legally required. As an example the boundary line is not necessarily defined by your fence. Whose boundary is it in the deeds ? part of the negotiation might be you deciding that when the wall goes up (very likely to require complete removal of the existing fence) that you would decide not to have the fence re-instated giving you 4 extra inches of useable garden.

 

Don't start rushing to complete a process in days that is supposed to take weeks or months.

 

 

 

Edited 2 hours ago by Spinny

[DannyT]

Thanks for the replies up to now. Very helpful.

I called home insurance legal team and they got back to me within the hour.

Ive drafted up a letter about the partywall agreement because the legal advisor believes this extension build falls within the act.

Also any access without prior consent or within agreement of my terms (scaffold license) will be classed as trespass (including cantilever scaffold) and I’m to contact them back immediately so they can issue a trespass notice. 
Very helpful for a small additional fee on the home insurance.

 

Party wall draft below. I’ll sort scaffold terms later.

 

Dear occupier ……………………………..

 

Party Wall Act 1996 – Notice Regarding Proposed Building Works

 

I am writing in relation to the building works currently being undertaken, or proposed, at your property.

 

Under the Party Wall etc. Act 1996, where excavation works are planned within 3 metres of a neighbouring property, and to a depth equal to or greater than the foundations of that neighbouring property, a written notice must be served at least one month prior to the commencement of such works.

I would therefore be grateful if you could confirm whether any excavation works associated with your project fall within this requirement. If so, please ensure that the appropriate formal notice is served in accordance with the Act.

For clarity, if the proposed excavations do not extend deeper than the foundations of the neighbouring property, and do not otherwise fall within the scope of the Act, then such works may proceed without the need for formal notification under the legislation.

I trust you will understand the importance of complying with the relevant statutory requirements and I look forward to your confirmation.

 

I have included the relevant extract from the party act. you can find the act in full with here.

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

 

Yours sincerely,
……………………………..

[-rick-]

This is a very formal letter. Is this how you want to start the conversation?

 

I don't know what contact you've had with the neighbour so far but it maybe better to start off in a more friendly/less formal manner.

 

Along the lines of offering open communication lines and being reasonable but that there are some formalities needed before can move forward. Rather than purely starting with the formalities.

 

If you already know your neighbour to be difficult then fine start with the formalities, but if your only interaction is with the builder, then who knows, could be your neighbour is just not particularly interested in the details and has found a builder who's told them not to worry, let me deal with it all.

[DannyT]

I tried to start the conversation with them and they didn’t want to know. I was eyeballed by the owner just asking simple questions about what’s taking place and when speaking with the builder. They said nothing. She pulled him away, he was ready to start. ( how dare me ask questions) I didn’t bite but friendly and less formal is out the window already 👍🏻

 

 

[-rick-]

Just now, DannyT said:

I tried to start the conversation with them and they didn’t want to know. I was eyeballed by the owner just asking simple questions about what’s taking place and when speaking with the builder. They said nothing. She pulled him away, he was ready to start. ( how dare me ask questions) I didn’t bite but friendly and less formal is out the window already 👍🏻

 

In that case, all guns blazing!

[Nickfromwales]

45 minutes ago, DannyT said:

I tried to start the conversation with them and they didn’t want to know. I was eyeballed by the owner just asking simple questions about what’s taking place and when speaking with the builder. They said nothing. She pulled him away, he was ready to start. ( how dare me ask questions) I didn’t bite but friendly and less formal is out the window already 👍🏻

 

 

Time to drop anchor and grind them to a halt. Sounds like they need a bit of bringing down to earth, along with the boisterous builder.

 

If this is how they begin, christ knows how difficult / arrogant they'll be as they get comfortable.