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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hi i have planning for loft conversion and front extension. I

Customer Question

Hi
i have planning for loft conversion and front extension.
I also have agreed party wall agreement with both lease holders and freeholder.
My property is end of terrace, about 10 feet of my side back of house is in the neighbours garden therefor access to that part of my roof is needed with scaffolding in my neighbours garden.
i got verbal permission from the tenants to erect scaffolding (not leaseholders) and now the leaseholders are threatening me with legal action, putting a spanner in the works as far as my party wall agreement goes and taking the scaffollding down themselves. They have given me a deadline of friday to get the scaffolding off their decking. or else!!

the scaffolder has assured me the scaffolding is absolutely safe and waited perfectly on their decking. The scaffolding wraps around my whole property and has a tin roof so cannot not be dismanteled until job complete, their are about 2 to 3 weeks left until it will be removed.
my question is where do i stand do i have to dismantle? can they dismantle ? can i counter with legal letter? i fear the relationship is un recoverable.
Submitted: 4 years ago.
Category: Property Law
Expert:  Joshua replied 4 years ago.

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

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?

Josh-2010 :

Would you like to continue?

JACUSTOMER-pqqm9se4- :

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.

Josh-2010 :

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?

Josh-2010 :

Are you able to see my last post?

Josh-2010 :

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?

JACUSTOMER-pqqm9se4- :

yes

Josh-2010 :

Thanks

Josh-2010 :

On that basis you will wish to draw your neighbours attention to s8 Party Wall Act.

Josh-2010 :

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.

Josh-2010 :

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.

Josh-2010 :

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.

Josh-2010 :

Here is a link the relevant section:

Josh-2010 :

http://www.legislation.gov.uk/ukpga/1996/40/section/8

Josh-2010 :

Is there anything above I can clarify for you?