Neighbour's scaffolding resting on my roof...help!

[Loops_2]

Hello! Does anybody have any advice please, regarding my neighbour erecting scaffolding in my terrace house small yard, up and over my kitchen/ bathroom, where it will be resting on my roof, in order for them to reach their higher wall and roof, to remove part of their roof, rebuild the dodgy wall and then reroof?

I have received nothing in writing from the scaffolder or the builder that any damages will be paid for, or any plan of how the scaffolding will affect my terrace house roof, any plan of works, timeline, guarantee that waste will be removed and all made good etc.

Although I have initially said yes, I realise now that I should take some advice to protect myself if/ when the inevitable damage happens. Citizens advice can't help me and there is no free solicitor option where I live in the UK. My neighbours expect me to just allow whatever needs to be done, with goodwill on my part that nothing bad will happen. This is supposed to be happening on Saturday! Thanks very much.

[Sam101]

Try and arrange for your neighbour to sign a letter confirming that you have reached agreement and stating that any damages to your property caused by the builders will be paid for by your neighbour. That should not be unreasonable in any way and protect your property.

[des8]

Before work commences you need to draw up an agreement with your neighbour about this matter.
The agreement should detail start and end dates, and penalties if the work over runs.
Also include daytime working hours when the builders are allowed access in & over your property
Details of the access builders might have to your property and remedies if damage occurs to your property (including flowers. garden etc).

You might even want to see proof that the neighbour, his builders and scaffolders carry appropriate liability insurance

It might be worth considering consulting a solicitor to draw up an agreement

As you have only given verbal permission, you could possibly withdraw that permission if your neighbour refuses to sign any agreement

[Loops_2]

Thank you des8 and SAM101. Do you know if there is a template available anywhere that would cover the main bullet points of the Access to Neighbouring Land Act? Should I just get the neighbour to sign something or should I have all of the parties involved sign? I am ever so poorly with cols atm and my brain is not working that well!

I was thinking that I need to see the scaffolder and builder insurance details, can I refuse access if they can not provide this? I have a feeling that all parties are absolute cowboys and not insured.

I have already withdrawn my verbal agreement until I receive something in writing from them. I am also having to remove all plants from my yard for their safety, luckily they are in pots but this is no small task to put them out of the way in my neighbours yard.

There doesn't seem to be an outcome where I am protected either now or in the future if there are problems, without it costing me time and money!

[des8]

If you continue to refuse permission, your neighbours will have to proceed to court for an order forcing you to allow access.
At that point you can request the court condition the order to cover the points raised.

However you still have to live next door and it would be better to sort out the problems as amicably as possible.

Your neighbour's householders insurance most probably has a liability extension which will cover these works, and there is no reason why he should not show you the policy.

Certainly you can draw up your own agreement covering the points that concern you, but there is a risk it might not be water tight

[Enbah]

My neighbour has got scaffolding from a company who had not been authorised by me to use my flat roof extension for support. It's a Semi detached and we both have extensions that are detached on both houses with a gap of three feet in between the extensions separate buildings.They have left to return and I don't know their company name to talk to anyone concerned. Do I speak with them when they return to start the work which is Solar panelling as I don't know if the panel contractors have anything to do with what the scaffolding persons did if so The scaffolders will return after and that's it job done .Is there anything I can do now that they have left I'm worried about my roof

[atticus]

Almost certainly the scaffolders will not be the people installing the solar panels.

Have you discussed the situation with your neighbour?

[PallasAthena]

Typically the solar panel contractor will sub-contract the scaffolding to a specialist scaffolding company but the solar panel company are would usually still be overall responsible for the scaffolding if it damaged your roof.

Is it actually resting on your roof, actually putting a load onto the roof, or is it freestanding just above your roof surface?

It's generally not a good idea to pi$$ off scaffolders, they've been known to walk away and just leave the scaffolding attached to your house and you find no-one else will touch it and you are stuck with it forever.

Erecting solar panels doesn't sound like a very long job, you might try and find out from your neighbour when they are likely to finish.

[atticus]

Typically the solar panel contractor will sub-contract the scaffolding to a specialist scaffolding company but the solar panel company are would usually still be overall responsible for the scaffolding if it damaged your roof..

I hesitate to disagree with you PallasAthena, but the solar panel company is unlikely to be liable for actions of its independent contractor. Nor will the neighbour be liable.

An article on the principle that you are not vicariously liable for your independent contractor: https://blogs.law.ox.ac.uk/ouulj/blo...ent-contractor

[PallasAthena]

You are right of course Atticus - I always had a blind spot for vicarious liability!