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14-06-2005, 09:59 AM
Post: #1

Bit of a strange one this, but wondered if anyone knows anything about scaffolding?

I want to know if the builders next door can hang their scaffolding over our land.
The house they are building is about 1/2 metre from our border and they can't get the regular scaffolding up, so I think they are going to try and canterlever it out from the ground, over our fence and consequently over our land (our driveway)

Are they allowed to do this?
What about the safety aspect, I don't fancy bricks being dropped onto our driveway, where our kids could be.

We have told them all along that we will not grant access onto our land for them to put up any scaffolding on our land, but are they allowed to hang over our land?
Or can I kick up a fuss when they so much as breath onto our side of the fence:w00t:

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14-06-2005, 11:20 AM
Post: #2
In principle yes they can but I would suggest that there is a CDM risk assessment requiring them to ask you and for you to accept thier risk assessment.

The issue re falling objects is similar regardless due to trajectory. I would expect them to enclose the scaffold in a netting to prevent errant object falling.

However, I suggest that you ask to see the risk assement and check that they are doing this and if they must overhang that they include for a catch net onder the overhang to catch anything falling through.

I suggest you contact either you local council, the HSE or the NASC
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14-06-2005, 02:53 PM
Post: #3
Property law in the UK doesn't give vertical property rights - only horizontal. In other words, you can own your land, anything attached to the land, but nothing above it. Otherwise you could sue passing aircraft pilots for trespass. Smile

But conversely, just as you do not have the right to the air above your land, neither do the builders - so they don't have a 'right' to overhang (unless your deeds say that such a right has specifically been granted, which is unlikely unless your house was formerly council-owned).

Mind you - your builder friends may actually have the right to come onto your land, courtesy of the little-known Access to Neighbouring Land Act. It has been a while since I read that Act, but it pretty much does what it says on the tin - enables people to demand access to neighbouring property if that is necessary in order to repair their own.

There are some other angles of note, from a legal point of view (I feel like I'm doing a first year law degree essay...) - the law of Nuisance may assist. Stuff that threateningly overhangs your property may under the law be causing a 'nuisance', and it would be possible to obtain an injunction preventing this.

Well, that's the law.

In my view the law is rarely of much help in such cases; it's only good to prevent you from being bamboozled if you don't know your rights. No, negotiation is far better. Seriously - I would open a reasonable dialogue with the builders about this, and try and avoid unpleasantness in future. No need to get heavy-handed third parties involved - THEY don't have to live there.

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14-06-2005, 08:26 PM
Post: #4
Thanks Slipper and Blink:thumbsup:

This land next door to us has been a bane in my life for the last few years, fighting to get planning permission refused. We succeeded many times but unfortunately one got through:angry:

I have just been outside with the neighbour from the other side of the building (well he owns the land the other side) and he's been measuring up, checking distances (he's an architect) and he thinks they are wrong with their dimensions. But I don't understand all of that.

I'm off googling about scaffolding but I think my next port of call will be the council.
Thanks guys Smile

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