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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Can a neighbour who has planning permission agreed extension

Resolved Question:

Can a neighbour who has planning permission agreed for an extension to a garage that forms a party wall, force me to have scaffolding on my land or have scaffolding that will over hang my land?
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

Your neghbour is certainly not entitled to put scaffolding on your land or have it overhanging, without your consent, FULL STOP.

On a side issue, although I am not a Surveyor, I would certainly have thought that as he is building the extension on a party wall, he falls foul of the Party Wall Act 1996. This Act makes it a requirement that whenever a party wishes to build on a party wall or near to it, he must serve Notice on the adjoining owner (yourself), before any work commeces. The adjoining owner then can either consent to the work, or request that his own Surveyor liaises with the building party's Surveyor to agree the schedule of works to be done, and which would also include the erection of any scaffolding.

I hope this assists and answers your question.

Kind Regards

Al

Customer: replied 2 years ago.
Dear Al,
Thank you for this. We do not want this extension happening due to the negative impact, and the neighbours have not engaged throughout the process to date. So if we didn't want our surveyor to speak to their surveyor and just don't want this extension to happen, then can you confirm that we can just refuse to engage on any basis and they therefore cannot go ahead?
Thanks in advance
Nick
Expert:  Aston Lawyer replied 2 years ago.

Hi,

You could indeed refuse access to your property for them to put up any scaffolding.

Kind Regards

Al

Aston Lawyer and other Property Law Specialists are ready to help you
Expert:  Aston Lawyer replied 2 years ago.

Hi Nick,

Can I assist you any further?

Kind Regards
Al