Scaffold for New Build hanging over our Property...
Discussion
Now I've realised how good this forum is, just not for cars, but pretty much for everything else, I might as well ask you guys on this situation.
Our next door neighbour is building a new house, which, at its closest point, is approx. 1000mm away from our boundary fence.
Today, they erected scaffolding for their roofing works. The scaffold (height approx. 2500mm from the ground) overhangs the boundary fence and protrudes approx. 1000mm across my side path and abuts up to our roof, which they have also damaged through erecting the scaffolding. Not best pleased!
Now, he never asked for permission to overhang our property, which I personally think is a very ignorant thing to do, plus I assume it is also trespassing and technically against the law?
I know, that for maintenance work etc, I wouldn't have a say if he could use my land or not, as the Court would rule in his favour for obvious and fair reasons.
However, because it is a new build, I believe (correct me if I'm wrong) then he should a) ask for permission first to use our land and b) if we refuse, he should remove the scaffold and keep it on his side of the site boundary.
Come Monday, I'm going to ask him what is cracking off. If I ask him to remove the Scaffolding and he says no, who do I contact to enforce the law? as daft as it sounds, would it be the Police?
I wouldn't be so pedantic normally, but this time it's different.
Our next door neighbour is building a new house, which, at its closest point, is approx. 1000mm away from our boundary fence.
Today, they erected scaffolding for their roofing works. The scaffold (height approx. 2500mm from the ground) overhangs the boundary fence and protrudes approx. 1000mm across my side path and abuts up to our roof, which they have also damaged through erecting the scaffolding. Not best pleased!
Now, he never asked for permission to overhang our property, which I personally think is a very ignorant thing to do, plus I assume it is also trespassing and technically against the law?
I know, that for maintenance work etc, I wouldn't have a say if he could use my land or not, as the Court would rule in his favour for obvious and fair reasons.
However, because it is a new build, I believe (correct me if I'm wrong) then he should a) ask for permission first to use our land and b) if we refuse, he should remove the scaffold and keep it on his side of the site boundary.
Come Monday, I'm going to ask him what is cracking off. If I ask him to remove the Scaffolding and he says no, who do I contact to enforce the law? as daft as it sounds, would it be the Police?
I wouldn't be so pedantic normally, but this time it's different.
You are right you may well have a cause for action. But you need specialist advice and a good look at your deeds first.
However with a neighbour you may want to take a view. Neighbours make poor enemies.
But, if you want to go ahead, you could seek an injunction against the builder and stop the work.
You need to consult an experienced property solicitor and examine your deeds.
There may be covenants covering access to neighbouring properties. Certainly needs clarifying/
But I suspect you are in a strong position if you are determined to take action.
However with a neighbour you may want to take a view. Neighbours make poor enemies.
But, if you want to go ahead, you could seek an injunction against the builder and stop the work.
You need to consult an experienced property solicitor and examine your deeds.
There may be covenants covering access to neighbouring properties. Certainly needs clarifying/
But I suspect you are in a strong position if you are determined to take action.
I would politely point out he has damaged your roof and that you expect it to be repaired.
Sounds like they're already a fair way in to the building project. Why is the scaffolding now hanging in to your garden? On jobs I've seen before, they've used the same scaffolding that they used whilst erecting the brickwork. Unless he's got a funny roof design?
Probably need to speak to the council about it, but is it really worth it? Making enemies of neighbours is not wise, and any delay you cause him will cost him money. You start to make things hard for him, he'll look for any excuse to make life hard for you, especially if he's out of pocket because of it.
ETA - he may have just asked for the scaffolding to be put up and left it in the scaffolder's hands to put it up, he might not even be aware it's overhanging.
Sounds like they're already a fair way in to the building project. Why is the scaffolding now hanging in to your garden? On jobs I've seen before, they've used the same scaffolding that they used whilst erecting the brickwork. Unless he's got a funny roof design?
Probably need to speak to the council about it, but is it really worth it? Making enemies of neighbours is not wise, and any delay you cause him will cost him money. You start to make things hard for him, he'll look for any excuse to make life hard for you, especially if he's out of pocket because of it.
ETA - he may have just asked for the scaffolding to be put up and left it in the scaffolder's hands to put it up, he might not even be aware it's overhanging.
Edited by Slagathore on Friday 20th May 21:34
I should have said...he's a developer.
I am going to speak to him on Monday about it, but I want to have some ammo in my gun to back it up. In the ideal scenario he will admit he's in the wrong, remove the scaffolding and make good the damage he's caused, then we'll have a laugh about it over a pint at some point, but I know what he's like and I doubt very much it'll go like that...
I am going to speak to him on Monday about it, but I want to have some ammo in my gun to back it up. In the ideal scenario he will admit he's in the wrong, remove the scaffolding and make good the damage he's caused, then we'll have a laugh about it over a pint at some point, but I know what he's like and I doubt very much it'll go like that...
Ahh, that's a bit different then, he probably doesn't care about pising you off. I'd get a few picture of the damage if you haven't already. Probably best to get them while the scaffolding is still up and touching your roof. Makes it a bit easier to prove the scaffolding done it then.
If he's got more than one job on the go, he probably just phoned the scaffolders and told them to put it up and hasn't actually seen what's been put up. Well, hopefully!
If he's got more than one job on the go, he probably just phoned the scaffolders and told them to put it up and hasn't actually seen what's been put up. Well, hopefully!
If they dug foundations within 3m of yours and potentially deeper (or further away in other more unlikely circumstances) then they should have at least investigated whether you needed a party wall agreement. That would have covered such issues.
Regardless, it is pretty well covered by trespass and actual cases in development situations, that they cannot over sail your land with scaffold or cranes/materials etc., and as you said, the Access to neighbouring Land Act does not apply in this case.
Whatever, you would have to apply for an injunction to halt the work/remove the trespass, presumably on the grounds that they have failed to adhere to the PWA (if applicable) and anyway, that there is a unauthorised trespass, damage has occurred to your property, and you wish to prevent further damage and Health and safety risk to you/other residents, and you want a suitable bond/indemnity in place to cover the risk to health and property.
Of course speaking to the neighbour amicably and rationally is always cheaper/easier, but I appreciate people doing building work often turn out to be complete tossers for saome reason.
Regardless, it is pretty well covered by trespass and actual cases in development situations, that they cannot over sail your land with scaffold or cranes/materials etc., and as you said, the Access to neighbouring Land Act does not apply in this case.
Whatever, you would have to apply for an injunction to halt the work/remove the trespass, presumably on the grounds that they have failed to adhere to the PWA (if applicable) and anyway, that there is a unauthorised trespass, damage has occurred to your property, and you wish to prevent further damage and Health and safety risk to you/other residents, and you want a suitable bond/indemnity in place to cover the risk to health and property.
Of course speaking to the neighbour amicably and rationally is always cheaper/easier, but I appreciate people doing building work often turn out to be complete tossers for saome reason.
I'm a developer and I would want to know so that I could b
k the scaffolders and put things right.
In general, I find that most neighbours want us to get on with the work as quickly as possible to minimise disruption.
Getting the building works over as quickly as possible is beneficial to all involved.
k the scaffolders and put things right.In general, I find that most neighbours want us to get on with the work as quickly as possible to minimise disruption.
Getting the building works over as quickly as possible is beneficial to all involved.
Well, we'll see how it all pans out on Monday.
Do I just contact a Property Solicitor if I have any problems then? My worry is that most solicitors take forever to do anything, so by the time they start to action the problem in say 4 weeks time, the scaffold will be down. I want the notice to be served on Monday/Tuesday say...is that possible?
Do I just contact a Property Solicitor if I have any problems then? My worry is that most solicitors take forever to do anything, so by the time they start to action the problem in say 4 weeks time, the scaffold will be down. I want the notice to be served on Monday/Tuesday say...is that possible?
Woody3 said:
Our next door neighbour is building a new house, which, at its closest point, is approx. 1000mm away from our boundary fence.
Worth keeping an eye on those 1000mm. It should be enough that guttering etc doesn't overhand the boundary and encroach on your airspace, but developers have been known to "lean" on boundaries....On the basis of a couple of other threads I've seen here it would seem prudent to take photos showing the current boundary with very clear landmarks in view, as it's not unknown for fences to move while you're out or on holiday. Also capture any googlearth pictures etc.
As mentioned by others the developer may have no idea that they are causing a problem so a sensible first step would be to make contact in person, although knowing your legal position is always helpful in such circumstances.
As mentioned by others the developer may have no idea that they are causing a problem so a sensible first step would be to make contact in person, although knowing your legal position is always helpful in such circumstances.
My sister in law had this when the people at the end of her garden built an extension. In their case it butted up to the boundary and indeed they planned that the roof tile overhang would encroach.
She only found out when the scaffolders turned up claiming they were going to put scaffolding up on her land in order to put the walls/roof up. She flatly told them they weren't.
She was lucky that her employer set the company solicitors on it.
I can't remember the ins and outs but I seem to recall that they had to halt things once the letter had been delivered by the solicitor. They eventually did it without going ove her boundary, but they kept trying to persuade her to let them put up scaffolding. She stuck to her guns and went as far as putting up CCTV so she could monitor what they were doing.
She only found out when the scaffolders turned up claiming they were going to put scaffolding up on her land in order to put the walls/roof up. She flatly told them they weren't.
She was lucky that her employer set the company solicitors on it.
I can't remember the ins and outs but I seem to recall that they had to halt things once the letter had been delivered by the solicitor. They eventually did it without going ove her boundary, but they kept trying to persuade her to let them put up scaffolding. She stuck to her guns and went as far as putting up CCTV so she could monitor what they were doing.
Take loads of pictures of the scaffold as is and the damage etc, my advice is keep it friendly as any form of legal approach will be costly and just drive you up the wall. You are right he needs your permission to access your land or overhang .... has your sky signal gone off yet ? scaffold plays havoc with sky Signals.
I have had a similar issue recently so I know the hassles of mess, noise and all the other stuff of damage etc.
Builders and developers can be painful to deal with - best approach is the lets be reasonable approach
I have had a similar issue recently so I know the hassles of mess, noise and all the other stuff of damage etc.
Builders and developers can be painful to deal with - best approach is the lets be reasonable approach
Funnily enough I have been in a similar situation, albeit on the opposite side of the fence (so to speak!) I have just finished building my house on a narrow plot with only 1000mm between outer leaf and fence. When I spoke to the scaffolding company I told them they had to keep it within my property and they assured me they could. I arrived on site one morning to find them erecting half of the scaffolding on the neighbours drive!! I quickly established the scaffolders spoke to my neighbour and she was okay with it, and it would give everybody more room to work. My neighbour understood that it was not my original intention so she was okay (I fixed some rendering on her house to keep her happy)
My advice would be to go in softly and establish the facts - as somebody pointed out it is more likely that the scafolders got carried away and did it without the consulting the developer. I would not recommend attempting legal action - the scaffolding will be down long before you manage to enforce anything. But I would try and sort it out with the devloper/builder first - you really don't want to make an enemy of somebody so close.
PS Given the cost of scaffolding, the developer will want it down as fast as he can!
My advice would be to go in softly and establish the facts - as somebody pointed out it is more likely that the scafolders got carried away and did it without the consulting the developer. I would not recommend attempting legal action - the scaffolding will be down long before you manage to enforce anything. But I would try and sort it out with the devloper/builder first - you really don't want to make an enemy of somebody so close.
PS Given the cost of scaffolding, the developer will want it down as fast as he can!
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