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  • Neighbour has erected scaffolding on our roof

    We live in a semi-detached house and the house next door was bought by a builder 3 years ago. The house has not been occupied since and there has been sporadic building work over the last 2 years which has resulted in our water supply being cut off for 2 days, water coming through our ceilings and light fittings as a result of work on the roof next door, cracks in walls etc,etc.

    So when I came back on Sunday to find scaffolding had been erected on the flat roof of our bathroom without permission (or even the courtesy to inform us what he was planning to do) it was the last straw.

    I have written a letter asking for the scaffolding to be removed within 7 days and making it clear that he must ask explicit permission in future. Knowing him this will have no effect - I know that I can obtain an injunction but by the time I do that he will have probably finished his work anyway. Can I dismantle the scaffolding that is on our property if it is still there after 7 days notice ?

    PS reading this site has alerted me to the Party Wall Act - needless to say although he has carried out major work on the party wall we never received any notification etc. It appears that there is no penalty for failing to do this - are there any grounds for complaint/comeback ?

  • #2
    You can get an injunction to stop the work under the Party Wall Act at your local County Court. I believe that this can be done while you are there. I'm not so sure that you can specify that the scaffolding is to be removed but you can mention this to the clerks at the court who can help you out.



    If work continues then you can call the police and cite the injunction which will then result in your neighbour being arrested.



    I wouldn't remove the scaffolding yourself though. This is specialist work and may invalidate any insurance you have if damage occurs.



    Take photos and contact your buildings insurer. They will probably be able to advise you too. Also you may have legal insuarnce on your home contents insurance but try your buildings insurer first. They won't want to have to foot a bill for damage to your proerty.



    Have a look at Gardenlaw.co.uk as well.
    Now, these creatures are bringers of death and misery. They will never eat, they will never sleep, and they will never stop.



    We are part of an ancient secret society. For three thousand years we have guarded the Cities and Towns. We are sworn at manhood to do any and all in our power to stop the NFH from ever being reborn into this world.




    So what's the plan?



    Rescue the damsel in distress, stop the bad guys, save the world.

    Comment


    • #3




      hi there mariner...



      i was watching 'property ladder' last week, and your scenario sounds just like the neighbours of the 'property developer' the programme was focussing on.



      he erected scaffolding on his neighbours flat roof without asking them and builders were trampling all over it. in addition he did work to the party wall when he knew full well he should have got an agreement from his neighbours first.



      the poor neighbours also had their bedroom completely flooded and rendered inhabitable. their insurance company had to put them up in a hotel...



      the neighbours sent along a surveyor and all work had to stop entirely until the agreements were put in place. apparently the bloke should have dug a test hole in the neighbours garden to see if the foundation could stand the extra weight of the work he was planning. also the scaffolding had to be taken down there and then until the neighbours gave permission.



      the 'property developer' was so over confident and arrogant he thought getting the agreements and permissions would be quick and simple, but because he had aggravated his neighbours by being so dismissive of their rights, they strung him out for four months before giving permission, AND they charged him £2k to dig the hole he needed in their garden. plus they are planning to sue him for all the distress they had suffered. the cost of all this malarkey wrecked his profit margin, and taught him a big lesson.



      I really think you have extremely good grounds for firstly getting the work stopped altogether until the agreements are thrashed out and also for compensation. that scaffolding definitely should be taken down.



      every right is on your side here. I would speak to the council and a surveyor as soon as you can, before this cowboy does something really detrimental to your property.



      good luck!
      http://bestsmileys.com/sparkle/1.gif



      I decree today that life

      Is simply taking and not giving

      England is mine - it owes me a living

      But ask me why, and I'll spit in your eye

      Oh, ask me why, and I'll spit in your eye ~ Morrisey/Marr




      Politics is Showbusiness for ugly people ~ Jay Leno



      I don't like liars, I don't like cheats. I don't like bullsh***ters. I don't like schmoozers. I don't like ar*e-lickers. ~ Sir Alan Sugar



      "Why, Sir, you find no man, at all intellectual, who is willing to leave London. No, Sir, when a man is tired of London, he is tired of life; for there is in London all that life can afford." ~ Samuel Johnson



      The secret of success is the capacity to overcome failure ~ Noel Coward



      An economist is an expert who will know tomorrow why the things he predicted yesterday didn’t happen today ~ Laurence J. Peter



      Always laugh when you can. It is cheap medicine ~ Lord Byron



      Better bread with water than cake with trouble ~ Russian Proverb



      There is no trouble so great or grave that cannot be much diminished by a cup of tea ~ Bernard-Paul Heroux



      Carpe Diem



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      Comment


      • #4
        Hi mariner and welcome to the NFHiB Forum Board



        Hopefully the advice you've had so far will help you, I haven't a clue about problems like that.



        After reading Annabel's post, I went to have a look at Channel 4 - 4 Homes Page , if you click on the Forum section there, there are some threads about the Property Ladder episode that Annabel mentioned.



        It definitely seems like right is on your side! Go for it.



        Good Luck, Holly

        Comment


        • #5
          Hi marinerblueuk



          Welcome to the Forum. I hope that you have found the replies useful .



          This guy sounds like he is doing everything wrong.



          I would have no hesitation in going to Building Control at your Council to see if he has Building Warrant for this work. You could also pop into Planning too because they may have an interest if you live in a conservation area or if the development he proposes comes within the realm of Planning.



          If you can get to the Council, you could ask if any plans he has submitted (if he's bothered to) have been drawn up by an architect or surveyor. If so, you could contact them and tell them that their client has not sought relevant permissions from you.



          I suspect that he has no architect nor surveyor, so I would call up my home insurance co and ask their advice before I called in my own surveyor and solicitor to deal with this (hopefully you are insured for all this, why should you be out of pocket?).



          It's bang out of order that he has put his scaffholding up on your property without permission, what a nerve :angry: . I dread to think what else he might be doing internally to the walls.



          I hope you can halt him asap. :unsure:



          Mazza

          Comment


          • #6
            Thanks for the advice so far - one of the problems about these situations is that you start to think that you are being unreasonable and picky so it's nice just to have people reassure you that you are not.

            He does have planning permission (that is another saga because we never got a chance to comment on one of the plans he submitted. The planning department has admitted an "oversight" in not sending us the plans, apologised but said it was too late since permission had been granted !. So I'm writing to the Ombudsman.....makes you wonder who he knows in the planning dept) . We have always tried to be "reasonable" but unfortunately that means you get walked all over. Two other neighbours are in dispute with him because he has pinched some of their land by putting up new boundary fences .....

            I guess its a visit to our solicitor tomorrow.

            I was out in our garden this afternoon taking pictures of the scaffolding (on our property) when one of his workmen who was on the scaffolding asked what I was doing. I told him I was taking pictures of the scaffolding and he said that if I continued he would come down and "smash my f******* camera" .....don't think that's going to help his case !

            Comment


            • #7
              Make sure you log the harassment using the sheets provided on this site. DON'T respond in kind however.
              Now, these creatures are bringers of death and misery. They will never eat, they will never sleep, and they will never stop.



              We are part of an ancient secret society. For three thousand years we have guarded the Cities and Towns. We are sworn at manhood to do any and all in our power to stop the NFH from ever being reborn into this world.




              So what's the plan?



              Rescue the damsel in distress, stop the bad guys, save the world.

              Comment


              • #8
                Call your insurance company emergency number. Say that you are concerned that the work he is undertaking might be damaging to your property. Ask them to send out a surveyor as soon as possible to ensure that you will not have to be making a claim against him.



                Check if you have legal action cover on your policy. If you do, there will probably be a legal advice helpline for you to call. They'll be able to tell on of oyur rights nd perhaps what your insurer can help you with.

                Comment


                • #9
                  Hi Marinerblueuk



                  Welcome to the forum Just to reassure you, you are not being unreasonable or picky about this at all. This guy obviously doesn't care about what he's doing, and who's to say that his scaffolding doesn't damge your property. Also, you currently have no idea how long the scaffolding could be up - it could be weeks.



                  Good luck with your insurance company and let us know how it goes



                  Blue Cow

                  Comment


                  • #10
                    Hi Mariner and welcome



                    I've arrived late at your thread and can see other members have already given you some excellent advice



                    Grr, some people think they can do whatever they like, wherever they like, whenever they like!! Arrogant b******s :angry:



                    Good luck, hope everything turns out well for you



                    Misty
                    "Almost anything you do will seem insignificant, but it is very important that you do it. You must be the change that you wish to see in the world." Gandhi

                    Comment


                    • #11
                      Ring the police now. Tell them they have erected scaffolding, on your property without permisson from you. You were taking pictures of your property, because you were worried about damage. They threatened you. You want it removing now.



                      GG.

                      Comment


                      • #12




                        I have just been mooching around channel 4's website...there was a thread on there about the party wall act 1996. not only is the developer liable if he starts work without an agreement, so are any builders he subcontracts to. they shouldnt have even started the work without first making sure the agreements were down in writing. penalties are sever, apparently... of course this assumes the builders are reputable and not cowboys...



                        do let us know how you get on.
                        http://bestsmileys.com/sparkle/1.gif



                        I decree today that life

                        Is simply taking and not giving

                        England is mine - it owes me a living

                        But ask me why, and I'll spit in your eye

                        Oh, ask me why, and I'll spit in your eye ~ Morrisey/Marr




                        Politics is Showbusiness for ugly people ~ Jay Leno



                        I don't like liars, I don't like cheats. I don't like bullsh***ters. I don't like schmoozers. I don't like ar*e-lickers. ~ Sir Alan Sugar



                        "Why, Sir, you find no man, at all intellectual, who is willing to leave London. No, Sir, when a man is tired of London, he is tired of life; for there is in London all that life can afford." ~ Samuel Johnson



                        The secret of success is the capacity to overcome failure ~ Noel Coward



                        An economist is an expert who will know tomorrow why the things he predicted yesterday didn’t happen today ~ Laurence J. Peter



                        Always laugh when you can. It is cheap medicine ~ Lord Byron



                        Better bread with water than cake with trouble ~ Russian Proverb



                        There is no trouble so great or grave that cannot be much diminished by a cup of tea ~ Bernard-Paul Heroux



                        Carpe Diem



                        Give Yourself to It ~ Sue Gadenne

                        Comment


                        • #13
                          Nice one Annabel



                          I know that any reputable Builder will c**p thaemselves if they knew there were no permissions and they certainly would not proceed any further with the work until the paperwork was sorted out.



                          Mariner, Please report this incident to the police.

                          Comment


                          • #14
                            Mariner,



                            Following on from Annabel's post...



                            not only is the developer liable if he starts work without an agreement, so are any builders he subcontracts to



                            ..you could always write your own letter along the line of the following.



                            Dear XXXX,



                            Further to my letter of (date) I have taken advice on this matter and I am of the opinion that the work you are carrying out falls under the remit of the Party Wall Act 1996.



                            Under this act not only is the developer liable if he starts work without an agreement, so are any builders he subcontracts to.



                            YF etc





                            And copy this letter to the builder by sticking it under the windscreen wiper of their vehicle.
                            Now, these creatures are bringers of death and misery. They will never eat, they will never sleep, and they will never stop.



                            We are part of an ancient secret society. For three thousand years we have guarded the Cities and Towns. We are sworn at manhood to do any and all in our power to stop the NFH from ever being reborn into this world.




                            So what's the plan?



                            Rescue the damsel in distress, stop the bad guys, save the world.

                            Comment

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