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Child Item

Neighbours Scaffolding in our garden

pippip

Our back garden backs onto a terrace of houses at 90degrees. i.e. the side of the first house is the back wall of the garden.

They are getting a roof put on which, without permission, have erected scaffolding in our garden.

In general I don't have a problem with this, unless they damage anything, but I'm very annoyed at not being asked. Its a dentist in the house, not residential.

I'm sure there are locations where builders must need it and have a budget for paying for such access.

I'm just pondering whether to approach the owner but before I do, i was wondering is there an unofficial daily rate I could request for it being there?

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[Deleted User]

https://www.boards.ie/discussion/comment/121604851#Comment_121604851

Ignorance is no excuse. It's his responsibility to know what's going on.

https://www.boards.ie/discussion/comment/121604888#Comment_121604888

And were the braces fitted by a brace qualified scaffolder or a qualified dentist?

OP, does the dentist have a driveway? You might want to plonk a car or two on his driveway when you call aroun. It would be an awful shame to find that the cars won't start.

ctrl-alt-delete

The height of ignorance not asking, but as you have said since there may be history there.

Has the scaffold got braces?

Mellor

https://www.boards.ie/discussion/comment/121604790#Comment_121604790

Why are you (and most others) assuming that the dentist knew the scaffolding was going there? You say he seems like an arrogant prick? Based on what, other than your assumption.

Anything is possible. But on the balance of probability, it’s less likely the builder assumed the dentist went and chatted to the neighbours, and far more likely that the builder ploughed ahead as they tend to do.

Rubberchikken

I wouldn't appreciate something of this nature on my property without at least a basic conversation beforehand.

The dentist, who sounds a right piece, should have been man enough to speak to each householder himself beforehand.

No-one is so busy or so important that time couldn't be found for it.

But if he has form then he's probably an arrogant tool so no surprise.

The men doing the work may assume (I'm being kind here) that the dentist had all the neighbours on side.

If not then they have little worry re H & S. If something does happen, hopefully they're willing to deal with the fallout.

Mellor

https://www.boards.ie/discussion/comment/121596608#Comment_121596608

That would be a really stupid approach for various reasons.

https://www.boards.ie/discussion/comment/121596715#Comment_121596715

While you'd be entitled to go that route. It would also be pretty stupid imo to throw away a few hundred on solicitors fees for the sake of a high horse.

Mellor

https://www.boards.ie/discussion/2058330642/neighbours-scaffolding-in-our-garden

There will not be a allowanced budgeted to pay for your inconvenience. Nor is there any daily going rate. For a tiny job like this, and residential in nature. It's typical that permission is requested and granted. A daily "rent" is only really common in larger commercial settings (a dentist, although commercial is not the scale I'm referring to).

I'd raise the issue with them. As they should have asked, but as pointed out above. Don't assume the dentist was aware in advance. If you would have granted permission originally, it seems petty to withhold it retrospectively.

granturismo

https://www.boards.ie/discussion/comment/121600905#Comment_121600905

Ring the HSA and ask if a notification has been submitted to them, you say the project could last 6 weeks or more:

https://webapps.hsa.ie/Account/LoginConstruction

Since they didnt contact you beforehand, I would tell them to remove any scaffolding from my property and install netting or similar to prevent debris falling on my property.

GBX

https://www.boards.ie/discussion/comment/121600905#Comment_121600905

There was probably an assumption from the time they did their site survey, that they may or may not need access in your garden. That been said, permission should have been sought from all affected residents not just from 2 they asked.

as @MrRigsby says, there is the H&S element which cannot be overlooked nor understated to the contractor.

MrRigsby

I wouldn’t bother contacting the dentist as he hadn’t the decency to contact you . Ring the owner of the scaffolding or builder (they usually advertise with a sign ) and tell them if it’s not removed that day you will sue them . Any debris or tools accidentally dropped from it could hit you or a family member in your garden and kill them . There is a reason hardhats are mandatory on building sites . They committed trespass when they erected it and are in breach of health and safety by putting it above an area in use by the public

[Deleted User]

https://www.boards.ie/discussion/comment/121600933#Comment_121600933

You got the op’s eligibility of a free check up from their opening post?

Impressive.

daheff

https://www.boards.ie/discussion/comment/121596568#Comment_121596568

dentist will only claim the cost of prsi.

no additional benefit for the op there as hes already entitled to a free check up.

daheff

https://www.boards.ie/discussion/comment/121596401#Comment_121596401

This payment is not for compensation. Its for access and inconvenience. OP can't use their full property as somebody else is doing so, and there is a health & safety risk associated with it.

pippip

Just to clarify a bit more from what I learnt when I got home ...

So we are one of three gardens effected.

Neighbour 1 was actually asked back in December if they could use their side access to work on the house but they never mentioned a full on scaffolding going in. They're garden is already wrecked so they're looking at least for a complete roll out lawn replacement.

Neighbour 2, an older single lady, received a call last Friday but again was given little or no detail and didn't realise the extent of what they were asking.

Ours is actually the least effected, when I got home it was just a single support in our garden with very little encroachment. To be honest when I initially started this thread I had a feeling that would be the case and I was more writing it from the perspective of the neighbour 2 as I really feel sorry for her.

All of us are planning on contacting the Dentist, who coincidently is "away" this week! Also has a history of disrupting neighbours before my time, so failure to ask is starting to look less surprising.

This project is a full on pitched attic roof (two rooms+) going onto a current flat roof so a sizeable project estimated to last 6-7 weeks (so they claim).

And just to picture it better these are small gardens, approximately 9-12 metres long. So this scaffolding is three stories tall and 9-10 metres from the rear of our houses so very very intrusive. Basically builders are eye level looking into my son and daughters bedrooms.

thomas 123

https://www.boards.ie/discussion/comment/121598512#Comment_121598512

The OP might clarify but this transgression is at the bottom his garden or to the side, his home is not attached by wall or other physical shared border structure to the property where the work is being carried out - that is my understanding from the first post.

Ash.J.Williams

https://www.boards.ie/discussion/2058330642/neighbours-scaffolding-in-our-garden

You are rightly annoyed, I would tell him straight that it was erected without permission and see how it goes

chooseusername

https://www.boards.ie/discussion/comment/121598292#Comment_121598292

Correct.

45.—(1) A building owner who is in dispute with an adjoining owner with respect to exercise of rights under section 44 may apply to the court for an order authorising the carrying out of specified works (a “works order”). [2009.] [ Land and Conveyancing Law Reform No. 27.] Act 2009.

enricoh

Sod that, wrong time of year for kids in garden , but mine would be up that scaffold and me not knowing it's even there.

Height of ignorance imo, what are they at- plastering, fix chimney?

RurtBeynolds

https://www.boards.ie/discussion/comment/121597665#Comment_121597665

So to clarify, it does not permit any old sod to enter your property and erect scaffolding without so much as a word to you first?

FrancieBrady

https://www.boards.ie/discussion/comment/121597557#Comment_121597557

‘Party structures’ not just walls.

Effectively this gives reasonable access to someone carrying out work.

The court will not look favourably on somebody blocking because they have the hump or are angling for financial gain.

I am somebody who had to use the act over works here.

chooseusername

https://www.boards.ie/discussion/comment/121597605#Comment_121597605

"Where does it indicate that scaffolding can be erected on adjoining property without the adjoining owners consent. From Francies link:"

If you read on you will see the neighbour can apply for a works order from the court to access your property for essential maintenance to his property.

granturismo

https://www.boards.ie/discussion/comment/121596777#Comment_121596777

Where does it indicate that scaffolding can be erected on adjoining property without the adjoining owners consent. From Francies link:

Reg 44:

From will not causes stantial damage or inconvenience to theadjoiningowner,or

(ii) if theymay or will cause such damage or inconvenience, it is nevertheless reasonable to carry themout.

(2) Subject to subsection

(3), in exercising any right under subsection

(1)thebuildingownershall— (a)make good all damage caused to the adjoining owner as a consequenceof the works, or reimburse the adjoining owner ther easonable costs and expenses of such making good,and (b) paytotheadjoiningowner— (i) the reasonable costs of obtaining professionala dvice with regard to the likely consequences of the works,and (ii) reasonable compensation for any inconvenience causedbytheworks.

thomas 123

https://www.boards.ie/discussion/comment/121597496#Comment_121597496

Thanks @FrancieBrady , this refers to party walls though from a brief read - is there something here that says a construction company can set up in a neighbors garden?

GreeBo

Might be also worth asking about insurance.

If you have someone over to your house and they get injured by this scaffolding its your insurance they will go after first.

FrancieBrady

https://www.boards.ie/discussion/comment/121596833#Comment_121596833

Pg 38 - Chapter 3

a2709.pdf (oireachtas.ie)

RurtBeynolds

https://www.boards.ie/discussion/comment/121596568#Comment_121596568

I can see it now...

OP: "Hey dentist you've trespassed onto my property without my permission, what are you going to do to rectify this"

Dentist: "How about I drill into your face for free"

Hardly the most enticing deal.

kabakuyu

https://www.boards.ie/discussion/comment/121596568#Comment_121596568

Not a great idea, dentist might say he needs urgent expensive work to help pay for his new roof.

kabakuyu

Just had neighbours scaffolding in my property, he approached me with the builder to seek permission and explained nature and duration of job and to clean up and make good any mess/damage, no payment sought by me.The dentist/builder should have sought permission before going ahead.

thomas 123

https://www.boards.ie/discussion/comment/121596777#Comment_121596777

What are the neighbour's entitlements?

muffler

https://www.boards.ie/discussion/comment/121596715#Comment_121596715

Seriously? Are you aware of neighbour's entitlements under the Land Conveyancing Act?

martco

oh there's a hundred things wrong with this scenario

don't interfere with it yourself tho! get a solicitor with experience in property conveyancing etc. and get a cease and desist letter send to all parties (owner, builder, architect if one involved)

also is there planning involved on their part? if so get on to the planning inspector inform them

and also inform the HSA they are operating unsafely (they're nice and zealous I've heard)

the worst case is any accidents/damages you'll have a track record of attempting to objecting and resisting it, you can easily claim indemnity/take them to court etc