My extension scaffolding based in my neighbours garden?

[noseall]

We built an extension in Tamworth a while back. The client and the next door neighbour did not get along at all. The client asked if this would be problematic!

Anyhow, we managed to get up to scaffold height without problems, and at any given chance i would be polite to the neighbour and help or carry out small jobs for him. When it came time for scaffold to be on his property he said no problem, go ahead.

We made sure his drive was swept every day and that he received our cooperation at any time.

Some people just need to feel wanted.

 

[jeds]

noseall makes a good point. A builder with a good attitude will often get along very well with difficult neighbours. They seem to be a lot more forgiving when it's a bloke earning a living.

 

[jono_h]

I asked my neighbours nicely and dropped them a cheque for £200. The amount was nothing compared to what I was spending on the extension, and it was money well spent.

I'd say that your neighbour would have to really dislike you to turn down a couple of hundred pounds!

 

[DFamily]

Thanks for the advice Jeds

Woody - if you're there(?) - I have realised that one of my neighbours has a 'garden shed' within 3 metres of my offending corner (where I am going to have to expose the 1970's foundations to check if they will be OK for the extension on top).
I dont know whether this 'shed' has foundations or not, and I dont know whether it required planning permission/ has pp when it was erected when the neighbour moved in and put it up 2 years ago. My question is - would it be considered a 'structure' under the terms of the party wall act - and therefore would section 6 of the PWA (Excavation near neighbouring buildings) apply when I dig my hole to check out the foundations? We are more or less on level ground around this corner.

 

[^woody^]

Nah its a shed, not a structure.

A structure implies something more permanent - brick outhouses, garages, large workshop etc

 

[powerpainter]

Hi Dfamily,

I am in the process of making an extension close to my neighbour's boundary. When I asked him for permission to put scaffolding on his land, he refused to give it without me first paying him £ 10K and also undertaking to pay the cost of any damage to plants. When I refused, his solicitor called me and essentially said that I had no alternative but to pay up. I then consulted an experienced solicitor in boundary matters, who advised me that under the Party Wall Act I was within my rights to ask for permission to install scaffolding on my neighbour's land, but might need to get a Court order. A letter from my solicitor caused a complete climb down without payment to my neighbour with a period of 3 years to do the work, no Court order was needed. But if you can get your neighbour's agreement without even a solicitor's involvement, not only is that less expensive, but when you sell your house, disputes with neighbours are often revealed with the possible impact on the value. Maybe try to find out which is his favorite wine?

 

[jeds]

That's a good result, but your solicitor was wrong. The PWeA does not give rights to place scaffold, or even go onto, adjoining land for the purposes of new building work under section 1.

Where people get confused is because the act gives rights to go onto land to carry out anything in pursuance of the act. That means that any person appointed to carry out statutory procedures under the act has a statutory right of entry - and can even request a policeman to accompany him. But that very specifically covers procedures in pursuance and does not mean that Bob the builder can go onto adjoining land to do building work.

This very specific subject has been the subject of huge debate for years and there is a current movement to bring a test case to settle it.