In the fast-paced construction world, scaffolding is an essential infrastructure that offers both protection and productivity. If your project necessitates access to a neighbour’s property to set up scaffolding, you may have questions about your rights, what permissions you require, and how to avoid conflicts.
It is worth remembering that you can put up scaffolding on your property without your neighbour stopping you, but the rules change if you need to enter their property. Typically, a friendly chat will fix any problems, but if that does not go in your favour, it is key to know your rights regarding scaffolding. This guide will explain the answers, outline the legal rules for setting up scaffolding, and provide tips on securing access while conserving strong connections.
Can A Neighbour Deny Scaffolding Access on Your Property?
Recent legislative modifications have changed domestic construction laws and homeowners’ access rights. So, continue reading to discover more about these rights.
What Are Your Scaffolding Rights?
Within your property boundaries: In the UK, if you want work done on your property that involves scaffolding, you generally have the right to assemble it within your property limits without planning permission.
On public land: You must get the required permissions and licences from the local council if scaffolding extends to public areas, such as sidewalks or roads, or onto a neighbour’s property.
On a neighbour’s property: You generally need permission to erect scaffolding on their land, even for essential repairs.
Neighbour’s refusal: If a neighbour declines access for essential repairs, requesting an Access Order from the court may be necessary according to the Access to Neighbouring Land Act 1992.
Safety: Scaffolding must be erected by qualified professionals and regularly inspected for safety.
Licencing: The scaffolding contractor or builder is responsible for securing the required licences and permits.
Communication with neighbours: You must inform your neighbours about the scaffolding work to avoid disputes and facilitate cooperation.
What is an Access Order, and How Can You Apply for It?
An Access Order is a legal permission to enter a neighbour’s property for necessary work. It is usually granted under the Access to Neighbouring Land Act 1992 when such access is crucial for work on the applicant’s land. The order details the permitted work, access area, and access duration. To get approval, the applicants must prove that the works are necessary for preservation and that access is essential to complete them.
Attempt Negotiation
Before applying to the court, you should make a written request to your neighbour, detailing the work you need to do, why it’s necessary, how it will be carried out, and why access to their land is essential.
Draft the Application
If negotiation with your neighbour fails, you must draft an application to the County Court. This usually includes using Form N16A and supporting documents.
Supporting Documents
The supporting documents include evidence to support your claim, such as:
- Photographs of the affected area
- Surveyor reports detailing the necessary repairs
- Copies of your written requests to your neighbour
Specify Terms
In your application, you should clearly outline the particular terms of the access you request. This includes the work needed, the required neighbouring land area, the access dates and duration, and any possible effects on the neighbour.
Consider Costs
You need to understand that applying for an access order involves a court fee. However, if you are on benefits or have a low income, you may be eligible for help with these fees.
Attend a MIAM (if applicable)
If your application concerns child arrangements, you might have to participate in a Mediation Information and Assessment Meeting (MIAM) before you apply.
Court Hearing
The court will review your application and may allow access to neighbouring land if the Access to Neighbouring Land Act 1992 requirements are fulfilled.
Cost of Access Order to Neighbouring Land
If, as a claimant, you win a case under the ANLA, you can seek legal costs by starting a detailed assessment. This happens after the court case is over, in order to determine the total costs. The winning party must file a Notice of Commencement of Detailed Assessment and a bank statement. The opposing party has 3 weeks to challenge the costs or to make a payment.
The costs of getting an Access Order to neighbouring land can vary, but here are the typical fees you might expect:
- Legal Fees: These are incurred when hiring a solicitor for the access order application. Depending on how complex the case is, costs can range from £1,000 to £5,000 or more.
- Court Fees: The cost of applying for the access order in the county court is usually between £250 and £500.
- Compensation: If the neighbour faces trouble or damage because of the access, they may have the right to compensation. The amount can vary significantly based on the situation.
- Surveyor Fees: If a surveyor’s report is required to assess the situation or the impact of the access, this can add an extra £500 to £1,500.
- Additional Costs: Other costs are associated with access, such as fixing damage or applying measures to reduce disruption.
When planning an access order application, it is wise to budget an estimated amount of around £5,000 to £7,000, but total costs can be higher depending on the case.
What Is the Party Wall Act?
The Party Wall Act 1996 helps avoid and solve disagreements over party walls, perimeter walls, and nearby pits, including shared walls in terraced houses. It gives building owners extra rights beyond standard legal rights when working on a party wall.
Rights for the Building Owner
Here is a list of some common rights for the building owner you might find interesting:
Repairing or changing a party wall: This involves actions such as adding a damp-proof layer, improving the foundation, or increasing the wall’s height.
Cutting into a party wall: This may include inserting beams for a loft conversion project.
Excavation and underpinning: For structural safety, it may be necessary to conduct excavation and underpinning on the neighbour’s side.
Extending a party wall downwards: This action could be essential for constructing a new basement area.
Accessing the neighbour’s property: You can do necessary work on the party wall as long as proper notice is given and access is needed.
Rights for the Adjoining Owner
Some typical rights for the neighbouring owner that you may find interesting include:
Receiving proper notice of proposed work: This enables the adjoining owner to recognise the project’s scope and possible consequences.
Appointing a party wall surveyor: If they do not agree with the planned work, they can employ a surveyor to signify their interests and assist in resolving any differences.
Protecting their property from damage: The building owner is responsible for repairing any damage caused by the work or compensating the adjoining owner.
Ensuring minimal disruption: The building owner should carry out the work carefully and cautiously to avoid unnecessary inconvenience to the adjoining owner.
Seeking compensation for reasonable costs: If the work is primarily disturbing, this could include costs associated with temporary relocation.
Refusing access if not required by the Act: While reasonable access for necessary work is allowed, the adjoining owner can refuse to give access if the Act does not require.
The Party Wall Act emphasises balancing the rights of the building owner and the adjoining owner. This helps guarantee that the job can proceed while minimising possible disputes and protecting the interests of all parties.
Contact Us for Assured Scaffolding Solutions
When assembling scaffolding that could affect your neighbour’s property, there are many things to keep in mind. Luckily, laws exist to protect homeowners’ rights, allowing them to fix and sustain their property.
It is best to get in touch with Baloshi Scaffolding LTD before you start any home construction. Our scaffolders are rigorously trained to provide first-class scaffolding services that align with the client’s project needs and budget. Reach out to us via 01344 444929 or info@baloshiscaffolding.co.uk for your projects and ensure reliable construction with our premium scaffolding services.
