Neighbours Scaffolding

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    Neighbours Scaffolding

    Hi

    We are tenants of a property who's neighbours have erected scaffolding around their property last week. They appear to be having 100% of their rendering removed and replaced.

    There is no planning application lodged for this with building control at our district council, but given that over 25% of the rendering has been removed and that we lived in a conservation area, I would have expected there to be one.

    I came home today to find that they have extended the scaffolding around our chimney and above our bathroom. They had not notified us they were doing this.

    I am very worried about what liability I might have as a result of this should they break something up their or hurt themselves.

    As a tenant, I have notified my letting agent this evening by email (with photographs) and will follow it up with a phonecall tomorrow morning. It may be that this has been arranged with the landlord and we were not informed.

    There is a name on the sign for the contractor that has erected the scaffolding. If it turns out that the landlord is unaware of the scaffolding, should I call the contractor and advise them they have trespassed and must remove the scaffolding that impinges in to the property we rent?

    Any advice would be welcome.

    IMG_20110715_202139.jpgIMG_20110715_202150.jpg

    #2
    silverbak, I assume your rented property is the white face wall in photo. I am not a scaffolder and cannot comment on construction around chimner stack from H&S perspective but rest of scaffolding does not appear to contravene property boundary.
    If your LL/agent has not been asked permission for access to the property that is a breach of protocol (trespass). A matter for your LL.
    Any breach of planning permission is between owner of next door and Council, not you.
    If future problems are identified with your chimney stack/concrete roof tiles, your photos may indicate poss cause.
    The scaffolder/builder should have employee/3rd party liability Ins so you are not liable for injury to others.
    Any dispute with contractors next door is between them & your LL, not you. Equally I doubt you have any claim against your LL for allowing such scaffolding erection.

    Comment


      #3
      I disagree that the aesthetics of the rendering are a matter between planning and OP's neighbours. The fact that it is a conservation area may well determine the kind of rendering which is allowed and anyone can object to what is done if they believe it contravenes the spirit or the law of what is permitted. You would need to contact the planning dept. of your council to see what has or has not been allowed. I live in a conservation area and people have been required to remove and re-do pointing before now, because the correct mix of mortar wasn't used.

      If the scaffolding breaches property boundaries, that's not good and your LL (if he knows) should have informed you, out of courtesy. However apart from registering your dissatisfaction, I'm not sure there's much else you can do. It is not a permanent structure; it will be gone within weeks, one assumes. To have any claim against your LL for allowing it, you would have to demonstrate what loss you had suffered. It is not as though your access or even your light is blocked and the builders cannot see into your prperty from the scaffolding.

      It's a case of rudeness on your neighbour's part and sloppy management on your LL's, I think. Tell him.

      Are you not on speaking terms with your neighbours?
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

      Comment


        #4
        Thank you for your replies.

        Our neighbour can barely bring himself to acknowledge our presence since two weeks ago we had yet another discussion about the early morning barking coming from inside and outside home. Apparently the council have given this adult couple with a 2 bedroom end of terrace, who already have 3 dogs of their own, a "boarding licence" to take on another 3 dogs as part of a business. When I spoke to him last he came across as quite agressive and I really don't want to challenge him about anything now in case the noise problem gets any worse.

        I'm glad to know that if anything happens it will be for the LL to deal with. It looks safe but I just wonder if someone fell off it whether they'd blame me as a tenant for not making my rented roof safe! Stranger things have happened.

        I will as a private citizen continue to raise the matter of whether the work needs planning permission with building control at my local council.

        Thank you for your advice.

        Comment


          #5
          Couple of points; Who "said" that they had a "boarding licence"? Them or the local council? Must confess not even sure what it is however does not sound (excuse the pun) right and perhaps you are being "blagged" On the subject of barking dogs talk to environmental health about noise pollution. You have a right to the peaceful enjoyment etc etc of your property. Suspect that you will fairly quickly get them (EH) on your side and they will want you to record data etc. Certainly do not be intimidated in todays world you do not need to be particularly when shove comes push police a wide ranging powers (when they are not doing useful things likes issueing tickets etc!!) under public order which covers "threatening behaviour". In summary stand your ground and personally I would not waste to much energy on planning permission/build reg enquiries there is no gain as the work is already underway!! Focus, I suggest with respect, on making your environment "peaceful"!!
          Last edited by Solent Watcher; 16-07-2011, 07:56 AM. Reason: typo

          Comment


            #6
            I would be more careful. Police will not be at all interested. If you get EH involved the barking may cease but you will have extremely difficult neighbours to deal with! If you are happy with this go ahead. Otherwise ride out the tenancy and then move. A check as to whether they have a licence for boarding dogs would however be a good idea and an anonymous report if they don't may help! Though this kind of person will probably just wait till the council go away and carry on. The scaffolding - tell the LL and forget it. I would not get involved.
            Unshackled by the chains of idle vanity, A modest manatee, that's me

            Comment


              #7
              Planning and Building Control are two different departments, with different objectives. Conservation Areas are dealt with by the Planning Department.

              You haven't said why they are removing the render. Before complaining I'd find out what and why they are doing it.
              There is always scope for misinterpretation.

              If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

              Everyday is an opportunity to learn something new.

              Comment

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