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Buachaill, Barrister
Category: Property Law
Satisfied Customers: 10944
Experience:  Barrister 17 years experience
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Can scaffolding be placed over a flat to facilitate the construction

Customer Question

can scaffolding be placed over a flat to facilitate the construction of another floor where the present building is formed with 2 flats in separate ownership. Will scaffold over the entire building cause a trespass over the ground floor unit ?
Submitted: 2 years ago.
Category: Property Law
Expert:  Buachaill replied 2 years ago.
1. Under the Access to Neighbouring Land Act, 1992, you can get permission to erect scaffolding over the flat to facilitate the construction of another floor. What you need to do is to write to the two flats concerned and seek their permission to the works being carried out and scaffolding being erected. Should they refuse, you can go to court to ensure access. So long as you undertake to clean up properly and to respect the neighbours wishes so far as construction is concerned (such as hours worked being during the day etc), you can get permission to erect the scaffolding. In this way, any trespass is legalised. Be aware that a court won't refuse access unless you are shown to have behaved badly or not to listen to the views of the existing flat owners. However, you will have to undertake to complete the works as quickly as possible.