Scaffolding on my roof without permission

[noneabove]

Hi everyone,

I got home from work yesterday to find scaffolding had been erected onto the roof of my extension by a company who bought the property next door to rent it out. There was a party wall agreement for some other work and the company themselves was quite communicative about that (a first floor extension being built), but I'd heard nothing of these works which are apparently painting walls and doing something to the fascias.

To make matters worse, I had my own scaffolding going up yesterday and today for a roof retiling, and my scaffolders said the neighbouring scaffolding was in the way. I contacted the company who said they'd take it down, but then their builder came over and spoke to my scaffolders and they decided if a bit was moved the trespassing scaffolding could stay mostly in place. I reluctantly confirmed that with the company, thinking better to leave it up than have it down and up again. Thinking everything resolved I went out for 1.5 hours only to get back and find the neighbouring scaffolding being taken down and almighty thuds on the roof of my extension as it was disassembled.

I'm sure this was trespass and not allowed. But what should I do in this position? The company have said it was taken down today after their builders talked some more to my scaffolders and that they won't need to put it up again which makes me wonder why it went up in the first place. I've also stressed that no further access to my property is allowed without my written consent and a written agreement in place, and that if they hadn't been so communicative about the extension works I'd probably be writing to a solicitor already.

Thanks in advance for your help, it's really stressing me out!

[atticus]

How much of this have you discussed with the owner of the neighbouring property?

[noneabove]

I've only been able to speak to them briefly today, they'd had people standing on my roof Monday and last week while building their extension but I figured it wasn't a big deal as they were probably just needing access while putting the roof on their new ground floor extension and didn't intervene, yesterday I got home to find the scaffolding on my extension roof and today my scaffolders said it was in the way so I emailed the company that owns the neighbouring property. They seemed to have been told by their lead builder I'd said it was fine for them to be on the roof (not to put scaffolding there) which I hadn't, and that yesterday they'd spoken to my scaffolders and they'd said it wouldn't be in the way, I can't say whether that's true and didn't ask them about it but I don't think asking my scaffolders gives them the right to put their own up on my roof in any case.

After an email exchange I had a phone call with the rep from the company that owns next door and between that and talking to their builder decided it could stay up if a bit was moved so my scaffolders could put up their own scaffolding, trying to be as amiable as possible and talking through the roofing going on at my house which I'd previously mentioned to them. Then I had to go out 90mins and when I got back the scaffolding was coming down, scary thuds on the roof so I emailed asking why it was coming down etc and they said "the removal of part of the scaffolding was agreed between Sam and your scaffolding contractor to assist your works and our company removed it later in the day to avoid any further issues ... the noise is due to the nature of scaffold removal and not to damage or cause issue in anyway ... Both Sam and Matt are on site tomorrow as work is to be done but no further scaffolding will need to be erected and of course we would consult you first. "

When I was speaking to Sam who is one of their builders I mentioned I'd liked to have had notice and an agreement about their scaffolding in case it caused damage and he looked annoyed and said it wouldn't cause damage.

My scaffolding was supposed to be finished going up today, but they've not been able to do the bit on my extension due to the scaffolding the neighbouring buildings put up yesterday and took down today so I imagine it's costing them an extra days work.

[atticus]

You need to have a serious conversation not with the scaffolder but with the MD of the company that owns next door.

[noneabove]

Should I be saying don't let anyone set foot on my roof again until there's a written agreement in place? Are you supposed to get one for access like that like you'd have for party wall works? They've left a few bits and pieces on my roof so they definitely mean to be up there again.

[atticus]

That would be an obvious start.

Can you get on to your flat roof and remove whatever materials have been left there?

[noneabove]

I could probably get on the flat roof but I wouldn't be comfortable doing it, I don't have a great ladder for it. I think the materials they've left are the materials for the fascia job they were talking about, pipes, gutters and fascias. Bizarrely, there aren't even any fascias/pipes/gutters on the side of their property that adjoins mine though! I'll make sure they know they're not to have anyone up there until there's an agreement then, thank you. Would that agreement be something the party wall surveyor would deal with?

[atticus]

While not specifically to do with party walls, it may be something the surveyor would be able to assist with.