Understanding when you can and cannot rest scaffolding on neighbouring property. The different circumstances concerning repairs, renovations and improvements.
Householders encroaching on neighbour’s land has caused much raised blood pressure and disputes over the years. In the case of building, such as when the construction requires access to the neighbour’s land to erect scaffolding, these disputes are often fuelled by a lack of understanding concerning legislation.
When scaffolding is required, the type of work being undertaken affects whether permission from the neighbour for scaffolding to go on their property is required or not.
Repairs and Renovations – for essential repairs and renovations, it is allowable to erect scaffolding on a neighbour’s property, but proper notice has to be given.
Extensions and Improvements – for this type of construction, it is essential that permission is granted by the neighbour before scaffolding is erected on their land or property.
If planning permission has been granted for the extension or other improvement it doesn’t automatically give you the right to erect scaffolding on neighbour’s property. Hopefully, whether for renovation or improvements, cooperation would prevail and permissions granted but it would be important to show your neighbours exactly what work is being undertaken.
If your neighbour is uncooperative
In the case of essential repairs, the Access to Neighbouring Land Act 1992 can be invoked. As long as the court is convinced of the validity of the proposed work, they will clarify the work to be undertaken and the timescale. While your neighbour would be obliged to comply with the court’s ruling, they are entitled to request alternative timescales and may be entitled to compensation if any damage or disruption is likely to be caused while the work is in progress.
Experienced and reputable scaffolders who carry suitable scaffolding insurance will likely have seen cases such as yours plenty of times in the past and are experienced in cooperating with neighbouring householders.
