Permission refusal

[JAF2481]

Can you refuse a neighbour permission from putting up scaffolding on your land to build an extension?

[smudge]

We certainly wouldn't want the upheaval of having scaffolding erected on our land - especially for someone elses benefit.

Why would the builders need to do this? Two separate neighbours, have just had extensions built, but the scaffolding was erected within both their boundaries.

[Hammer]

Yes you can. It's your property and you don't have to allow them access to it. If they put it up without your permission it's trespass.

[ursula62]

It depends. If your property is freehold probably not. If your property is leasehold then you need to  check the terms of your lease. There may be an explicit term granting the neighbours access for the purpose of remedial works etc.

[BillyNoMates]

If it's freehold then you are the freeholder so it's entirely up to you.

Why not just be neighbourly and allow it ?

[Hgrove]

There is something called the Wall Party Act which provides that you have to allow someone access to your land if it is they only way they can maintain their own property.  There are of course caveats etc. which I am not au fait with.  However, I don't know whether building an extension constitutes "maintaining their own property", or whether the Act provides for home extensions.  The land between my house and my neighbour's belongs to my neighbour but we have right of way over it.  We will probably need to erect scaffolding over part of it for the purposes of converting our loft (if it ever goes ahead).  I mentioned it informally and they have no problem with it.  I would not be impressed if they said no.

[Hgrove]

Sorry it's the Wall Party etc. Act 1996 c.40 and if the link works you can find it here: http://www.hmso.gov.uk/cgi-bin/htm_hl.pl?DB=hmso-new& ;STEMMER=en&WORDS=party+wall+etc+act+1996+&COLOU R=Red&STYLE=s&URL=http://www.hmso.gov.uk/acts/ac ts1996/1996040.htm#muscat_highlighter_first_match

[Hgrove]

Sorry again, it's the Party Wall not Wall Party.

[Canary96]

This has happened to me. Basically the answer is yes . However , if your neighbour takes you to court over it he can use the argument that your behavoiur is unreasonable given that he must comply with all health and safety regulatons in building his extension. If it can be proved that under these regulations that scaffolding on your land is the only option then the court will rule in his favour.