Can A Neighbour Refuse Access For Scaffolding

People have scaffolding erected around their homes for many reasons: maybe you're planning home renovations, which can be an exciting time. Perhaps you're having essential maintenance work on your roof, and this is maybe a little more stressful, but necessary.

You could even be having your exterior walls cleaned, or some new lighting fitted, or maybe even a loft extension – each project has its own challenges, but the end result is going to be an improvement.

So, you want it sorted out as quickly as possible. You want the mess, noise, and upheaval over and done with, which means getting that scaffolding up ASAP!

However, navigating the legalities surrounding scaffolding and neighbourly relations can be a bit daunting. This Scaffold Crew guide explores your rights and options when it comes to erecting scaffolding for your project.

Can A Neighbour Refuse Access For Scaffolding?

Unfortunately, under the current scaffolding law (UK), neighbours have the right to refuse to permit access to their property for the purpose of erecting scaffolding. This can present a challenge, especially if your project requires scaffolding to directly affect a shared wall.

However, with a bit of careful handling, there could be a way around the problem...

Discover: How Long Can Scaffolding Be Left Up

Navigating The Options

Here are some ideas to help you through this potentially difficult process...

Erect Scaffolding On Your Property

This is the ideal scenario! If your project allows, explore ways to design the scaffolding to stand entirely on your own land. This eliminates the need to involve another property owner or navigate legalities. Here are some things to consider:

• Freestanding Scaffolding - Modern scaffolding systems can be incredibly versatile. Discuss options with a qualified builder or scaffolding company (like the Scaffold Crew!) who can design a structure that provides the necessary access for your project without encroaching on your neighbour's property.
• Cantilevered Scaffolding - In some instances, a cantilevered scaffold might be an option. This type of scaffolding is anchored to your building and extends outwards, providing access without needing support on a neighbouring property. However, this approach might not be suitable for all projects and may require additional engineering considerations.

Party Wall Agreements

If your project necessitates scaffolding that needs to "encroach" on a shared wall, the Party Wall Act (1996) comes into play. This act protects both you and your neighbour by establishing a formal framework for undertaking work that could potentially affect a shared structure. Here's what you need to know:

• Appointing a Party Wall Surveyor - The Party Wall Act typically requires appointing a Party Wall Surveyor. This qualified professional acts impartially, ensuring both parties' rights are protected. They will guide you through the process of serving a Party Wall Notice to your neighbour, outlining the proposed work and potential impact on the shared wall.
• Negotiating the Agreement - Once you serve notice, your neighbour has a set period to respond. This opens the door for negotiation. The Party Wall Surveyor can facilitate this process, helping you reach a mutually agreeable Party Wall Agreement that defines responsibilities for any potential damage caused by the scaffolding or construction work. It's important to note, though, that they still don't have to grant permission!

Building Positive Relations

Even if your project doesn't require you to gain access to your neighbour's property, open communication is crucial for maintaining a positive relationship. Here are some ways to foster goodwill:

• Inform and Update - Before work commences, have a friendly chat with your neighbour. Explain the project timeline, the expected duration of the scaffolding, and any potential noise or disruption. Offer to keep them updated on the progress, addressing any concerns they might have, even if the work isn't directly affecting them.
• Consider Compensation - A small gesture of goodwill can go a long way. Offer to clean their gutters after the project is complete, or perhaps trim any hedges that might be affected by the scaffolding. This shows you're considerate and respectful of their property.

By exploring these options and fostering open communication with your neighbour, you can ensure your renovation project runs smoothly while maintaining a positive relationship with them.

Legal Action

If discussions with your neighbour prove unsuccessful, legal options exist, but they should be considered a last resort:

• Access Order (Neighbouring Land Act 1992) - You can apply for a court order granting access to neighbours' land, but only for essential repairs or basic preservation works, not all renovations. This process can be time-consuming and expensive.

Check out: Is It Illegal To Work On A Roof Without Scaffolding

On The Other Hand...

All of this is good to know if you're on the other side of the fence, asking; "Can my neighbour erect scaffolding on my land?"

This blog equips you with all the information you need, and you can use this to (hopefully!) reach an amicable solution that helps both parties.

Conclusion

While navigating scaffolding rights and neighbourly relations can seem complex, remember:

• Planning permission may already consider scaffolding needs.
• Scaffolding on your own land is always preferable.

By following these tips and seeking professional guidance from builders and surveyors if needed, you can ensure your dream renovation progresses smoothly and maintains a positive relationship with your neighbour.

If you need any further advice, please call the expert team at the Scaffold Crew and we'll guide you through the process!