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erecting scaffolding


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#1 virginbuilder

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Posted 03 November 2011 - 04:47 PM

I am building an extension and need to erect scaffolding over my neighbour's conservatory. It will not be attached but will cantilever over the property. I am aware of the benefits of consulting neighbours but do I legally require their permission to do this.

All advice greatly appreciated

#2 joiner

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Posted 03 November 2011 - 05:46 PM

Do you get on with your neighbours?

#3 tennentslager

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Posted 04 November 2011 - 07:40 PM

I've read a couple of times in the local paper about neighbours cutting down trees or bushes that overhang their property and it seems perfectly legal here in Caledonia...
I worked in scaffolding for a few months and without a doubt the most challenging jobs involved overhangs, bridging or underhangs, be very careful, one dropped double can cause a lot of damage.
Also the scaffolders were very aware of any potential hazards below but sometimes when we went back to drop a job it was amazing how many times other trades decided to move scaffolding to suit them, even removing wall anchor!
Good luck.

#4 temp

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Posted 04 November 2011 - 08:31 PM

As I understand it you do need the neighbours permission...

You wouldn't need permission if the scaffolding was needed to repair your house (as this is covered by the Access To Neighbouring Land Act 1992) but you have no automatic right to errect scaffolding if it's for an extension or new build (even if you got planning permission that assumed the scaffolding would be needed).

I reckon chances of dropping something through the concervatory roof has to be high. Make sure your site insurance or that of the scaffolding company will cover it.

#5 temp

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Posted 04 November 2011 - 08:36 PM

Here you go see this Q and A..

http://www.justanswe...caffolding.html


Quote

My neighbour gave scaffolders permission to erect scaffolding on our land without approaching us. we came home from work to find poles in front of our garage doors, at the back of our house and they have moved a steel shed off its base - all without our permission. Where do we stand?

Quote

Firstly, no one has the right to trespass on your property. Once you ask them to leave, then you can eject them and anything they have erected on your land, including scaffolding. Secondly, where they have moved your property on your land, then you can request them to put it back, failing which you can send them the bill for having it put back. thirdly, you are entitled to compensation for the unlawful trespass which has occurred. Whilst awards in law for trespass do not tend to be high, you will still be able to obtain monies for the inconvenience, such as not being able to access your garage due to the doors being impeded and damages for the unlawful erection of scaffolding.

Elsewhere I've read that tresspass also applies to things overhanging boundaries such as guttering and therefore presumably scaffolding.

Edited by temp, 04 November 2011 - 08:41 PM.


#6 jsharris

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Posted 04 November 2011 - 09:33 PM

It's a curious area in law, as the freehold of a bit of land may have restrictions on what you own and control beneath the surface (mineral rights etc) but in theory you do have "ownership" of the vertical column of space above your land for an undefined distance upwards.

There are rulings that provide some limits on this, but the general observed rule is the "500 ft rule" that restricts aerial vehicles of any sort from coming close than 500 feet from any building or structure. This is, as far as I know, the only limit to how far "up" above your land you have any control, although there are limits on how high a structure you can erect, and the need for fitting things like anti-coll lights in certain areas.

Anyway, the practical point here is that a landowner has the absolute right to prevent anything from overhanging their land, up to a fairly great height. This includes scaffolding or any other object, plant, tree, gutter or whatever unless there is an agreement in place, such as a "flying freehold" to allow it.

You cannot erect anything that goes a millimetre over your neighbours boundary, at any reasonable height, without permission. For the avoidance of doubt it's probably best to get any agreement in writing.