scafold neighbour issues

Discussion in 'Builders' Talk' started by letthetooldothework, Feb 23, 2010.

  1. letthetooldothework

    letthetooldothework New Member

    right, we're doing loft conversion on our purpose built maisonette. i was going to put scafold up today but neighbours in flat below have 'raised concerns' about their house insurance, public liability and have suggested employing solicitors to draw up letters -any advice appriciated...
     
  2. Mr GrimNasty

    Mr GrimNasty Active Member

    It is very likely that what you are doing comes under the auspices of the Party Wall Act (as a 'party structure').

    Regardless, the sensible thing is for you to instruct a party wall surveyor and draw up an award (agreement) that will address all of your neighbour's <u>legitimate</u> concerns. If your neighbour is amenable you can share the surveyor, else they are entitled to appoint another one to act in their interests. In your situation you will normally be responsible for <u>all</u> costs.

    You should also check yours and their title deeds/lease (whatever) for conditions/stipulations/rights etc.
     
  3. letthetooldothework

    letthetooldothework New Member

    aware of party wall act mate. have taken proffessional attitude to job, dont need surveyor, have stuctual engeneer on board. also shown new neighbours courtesy + and consideration, have no intention of letting them pay for ouwt. Lease states we have right to access roof if we give 48 hours notice. what do you do? -erect scaffold against their wishes?
     
  4. Mr GrimNasty

    Mr GrimNasty Active Member

    What are the full terms of the 'access' permitted - for repair and upkeep only presumably?
    There is also the access to neighbouring land Act - not really helpful for new building.
    Does the PWA apply or not? If it does you must/should use it.

    At the end of the day your neighbour is entitled to demand that you demonstrate that you are adequately protecting their interests - correct insurances in place, damages/mess will be dealt with, and disruption will be limited and a timescale adhered to.

    The 'problem' you have is that normally you can only 'force' access/scaffold on a neighbour for essential repairs and maintenance - not for new building work.

    I think it would be in your own interests to 'find a way' to bring the work under the PWA. Even if the PWA doesn't apply, the easiest way forward is to use a PW surveyor (rather than a solicitor) to draw up an agreement - these types of issues are what they deal with day in and day out. The scaffold can/will be specified in the agreement.
     
  5. letthetooldothework

    letthetooldothework New Member

    lease says , fairly clearly, that structural alterations included, fact is roof needs attention. Putting beams + floor in loft so need agreement signed. point taken about neighbours interests, do think they being little bit precious. will propose that we pick up insurance premium + let them hold increased excess othawise suggest that we share PW surveyor. tar man
     
  6. Mr GrimNasty

    Mr GrimNasty Active Member

    If your neighbour can demonstrate that your proposed work comes under the PWA, they could get an injunction (~£150 DIY if they have the knowledge) - that would (I think) take precedence over any rights in the lease.

    Really you should (and normally would be expected to) meet full PWA costs as you are the only beneficiary of the work. Buying an indemnity to cover (any possible) damage to neighbour is an idea.
     
  7. Mr GrimNasty

    Mr GrimNasty Active Member

    Unless of course they are jointly responsible for roof repair & it needs repair then perhaps you could get a contribution......
     
  8. joinerjohn

    joinerjohn New Member

    Reading the OP I reckon they need the Party Ceiling/ Floor Act. After all, the OP does live above them ;-0 ;)


    TIC
     
  9. Measure2cut1

    Measure2cut1 New Member

    house insurance - get the scafolder to put an alarm on it

    public liability - either your household insurance or the contractors will cover this (unless a cowboy)
     
  10. Teuchter

    Teuchter New Member

    Hmmm, I reckon 'precious' just about covers it. Along with a little of the green-eyed monster.

    I wonder, if you were only carrying out REPAIRS, would they complain about the scaffolding? I doubt it. It would ultimately be in their interests too for the roof to be in good condition.

    As M2c1 says, their 'objections' already seem pretty much covered.

    What - EXACTLY - are they worried about? Get them to LIST their 'genuine' concerns - not just waffle - and then address them one by one.

    Solicitors, pah. PWA, pfpfftf...
     
  11. Mr GrimNasty

    Mr GrimNasty Active Member

    Never ceases to amaze me how some people think they can disrupt another person's life for months on end and risk the biggest investment another person probably has.

    It is not precious to stand up for your rights (and jealousy has nothing to do with it).

    The PWA is LAW and yes for the jokers it can apply to ceilings and roofs - PARTY STRUCTURES.

    T, Oh ***, JSTFU - again.
     
  12. Nickam

    Nickam New Member

  13. joinerjohn

    joinerjohn New Member

    Just read through the Party Wall Act and here's what the act is for...

    "Various work that is going to be carried out directly to an existing party wall
    or structure (see paragraphs 4 to 19)
    New building at or astride the boundary line between properties (see
    paragraphs 20 to 25)
    Excavation within 3 or 6 metres of a neighbouring building(s) or structure(s),
    depending on the depth of the hole or proposed foundations (see paragraphs
    26 to 29)".
    As the OP's party structure is the floor of his property and he is not going to do anything to that I can't see how the act applies. He's after doing a loft extension.
    He isn't going to be doing any work directly to the party wall/ structure.
    He's not building anything astride the party wall and he's certainly not excavating within 3 or 6 metres of a neighbouring building.
    Maybe I'm looking at it too simplistically, but that's my interepretation of the act.
     
  14. Teuchter

    Teuchter New Member

    Mr TwitNasty, do you really think the neighbour would object if the guy was just having his roof repaired?

    No, I didn't think so either.

    So, why is he objecting in this case?

    The builders have PLI, or should have. The lower flat shouldn't have any concerns over their house insurance.

    According to the deeds, the guy has legal rights to access.

    So, the problem really is?
     
  15. joinerjohn

    joinerjohn New Member

    More to the point Teuchter, If the chap was having his roof repaired,, would the neighbour be prepared to chip in with the cost?? After all, his property would be at risk as well if the roof were leaking... Somehow I doubt it.
     

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