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May I claify please, the leaseholders agreed to the work going ahead pursuant to your party wall notice but do not want scaffolding on their land. Is that correct please?
Would you like to continue?
The party wall agreement has been signed and agreed by them. however my mistake was to only ask permission for the scaffolding (all be it a meter squared on their land) from their tenant not them. the scaffolders said i need permission from downstairs flat i asked the tenants they agreed and we commenced. obviousley i did not get permission from owners. scaffolding has now been there 3 weeks.
Thanks. Just for the avoidance of any doubt you served on them a proper party wall notice as required by statute correctly describing the works you proposed to carry out?
Are you able to see my last post?
Just in case not, I asked: Just for the avoidance of any doubt you served on them a proper party wall notice as required by statute correctly describing the works you proposed to carry out?
On that basis you will wish to draw your neighbours attention to s8 Party Wall Act.
s8 provides you with a right to enter onto the neighbours land and carry out such acts as are reasonably necessary in order to carry out the notified work. This includes erection of scaffolding.
However you are required to serve notice on the neighbour on whose land you wish to erect scaffolding etc. Except in an emergency you should give the neighbour 14 days notice of your intentions. You do not require their permission however as is the case with a PW Notice.
Accordingly you may wish to consider serving notice on your neighbour referring to s8 PWA and advise of your requirement to erect scaffolding on their land. You are required to make good any damage caused and can only carry out such acts as are reasonably necessary to enable you to carry out your works.
Here is a link the relevant section:
Is there anything above I can clarify for you?