Scaffolding is an integral part of construction and maintenance work, providing a stable platform for…
Have you found that you need repairs on your home which requires scaffolding? Are you worrying your neighbour could stop you from putting up scaffolding on your home, which ultimately prevents you from making fixtures? In this article, we determine whether or not you need to ask for your neighbours permission if scaffolding would impact their walls.
So, can my Neighbour stop me putting up scaffolding? No, your neighbour cannot stop you putting up scaffolding. If the scaffolding is put up and used on your property only, you can go ahead without needing to ask for permission. However, you may need to ask permission to enter their property to erect the scaffolding, which they can deny.
Read on to learn more about yours and your neighbours’ scaffolding rights.
Can a Neighbour Stop Me From Using Scaffolding?
Your neighbour cannot stop you from putting up scaffolding on your property. However, there are often occurrences where you would need access to your neighbours land to put up your scaffolding. If you are on good terms with your neighbour, getting permission to access their land shouldn’t be a problem.
Circumstances where you would need to access a neighbours land to put up the scaffolding may include:
- Complicated repair/maintenance work
- Large repairs
- Location of the repair/maintenance
For these reasons and any other reason your neighbour thinks are valid, they can deny you access. They can also oppose the scaffolding if it was directly affecting them everyday. So, what happens if a neighbour refuses access?
Can a Neighbour Refuse Access For Scaffolding?
In some cases, your scaffolding may come into contact with your neighbours property. This means you would have to ask to gain access to your neighbours property in order for the scaffolding to be put up. If your neighbour refuses to give you access, but you believe the work should be carried out to preserve your land (for example, clearing blocked drains) you have different legal options to take this further. You can go through the process of an Access Order from court, or a Party Wall Agreement as an alternative method.
Scaffolding Access Order
An access order from the courts is sometimes used when it comes to maintenance work on a property whereby you need to gain access through a neighbour’s property in order to carry out work. The Access Order would allow you to enter your neighbours property to carry out the maintenance work without worrying about the consequences of trespassing.
Accessing your neighbours property to put up the scaffolding without their permission is trespassing and could result in legal action against you.
Alternatively, a Party Wall Agreement would be necessary if the scaffolding would come close to, or on a party wall. A party wall is classed as a shared wall which divides houses into separate homes. (Typically terraced or semi-detached houses). The Party Wall Agreement is used if you need to carry out your home renovations or erect scaffolding that comes into contact with said party wall.
Scaffolding Access Order Denied
The Acts will not apply, or your request for access will possibly be refused if :
- The purpose is to enhance your property. This works only in your favour if the property is being preserved. For example, if you wanted to extend a property with a conservatory (something used for your own leisure) you would struggle to have access granted for this.
- Your neighbour would suffer. This would be the court’s decision, but a request for access could also be refused if the neighbour would suffer a lot of interference or disturbance due to the scaffolding.
So, What Are my Scaffolding Rights?
You have the right to put up scaffolding on your property if it’s for essential repairs, like repairing a leaking roof. There are scaffolding rules which are essential to know about first, but, for the majority of the time, if you’re on speaking terms with your neighbour, you just need to ask them to grant permission to their land, and the work can begin on your property.
Rules and Advice for Erecting Scaffolding on Your Property
When it comes to erecting scaffolding for your property maintenance work, there is lots of useful information and questions we answer on our blog, such as:
- At What Height Is Scaffolding Required?
- Different Types of Scaffolding and Their Uses
- Do You Need Scaffolding To Replace Windows?
Any renovation work on your home is exciting. However, there are rules and regulations which must be followed before you put up scaffolding. Hi Point have explained these for you, in order to get the ball rolling on your maintenance work. Read our blog on UK scaffolding rules and regulations to find out how to make your project run smoothly.
Erect Your Property Scaffolding With Hi Point Access
Hi-Point Access is one of Sheffield’s leading scaffolding companies, and we create quick and easy solutions to solve any of your requirements for your property. Whether you’re looking for traditional scaffolding, aluminium scaffolding, or even indoor scaffolding, there’s no scaffolding project too complicated for our expert team.
Simply get in touch with us to receive your free quote to cater for your scaffolding needs on your property.