Legal position - council want access to my private land to complete works

[simeon1964]

The council wants to gain access to my property to do some work on my neighbour’s property.

 

I have already allowed them to put scaffold into my part of my land as my house is semi detach.

This has been on for over three months I have no realistic time of when the job will finish.

 

 

Furthermore i have been subjected to continuous cleaning resulting from the building and roof tiling dust.

Thy have repainted the neighbour house while mine is still caked up in dust.

 

I have reported damage to my roof tiles and my gutter damage by their workmen but they have not responded to my complaint 4weeks on apart from coming to view the damage.

 

Now they are asking for more permission to put scaffold in my garden in order for them to complete their work.

 

Please what are my legal position here?

They might decide not to fix my damage properties after they complete their work

or roll me in long time complaint and finally dismiss my complaint.

 

 

What are my legal rights here?

[maroondevo52]

Hi simeon,

 

I have moved this thread to a more appropriate forum and changed the thread title, you should get some advice shortly.

 

Regards,

 

Scott.

[king12345]

Write to them and ask for written confirmation that they will clean and repair your property once they finish working.

Give them a deadline of 7 days and leave the further scaffolding business in limbo.

If they don't come back to you after 7 days, write to them again and tell them that they have 7 days to remove the existing scaffolding from your property.

Failing that, you will have to employ someone to do it and bill them.

Also mention court proceedings if you intend to go down that route in case they don't comply.

I bet they'll sort everything out.

[maroondevo52]

Hi simeon,

 

I take it you own your property.

[simeon1964]

Yes am a freeholder

[simeon1964]

Shouldnt I be notify by way of Planning permission to put up scaffold?

[king12345]

Shouldnt I be notify by way of Planning permission to put up scaffold?

 

No, it's not a permanent structure.

I suppose that the council would have sorted all the relevant paperwork for the renovation next door.

As said, you can always withdraw permission to have scaffolding on your land.

Get writing and see if they reply with confirmation that they will clean and repair your property.

You could also make a claim on the builder's insurance if you can manage to find out the details.

If the builders are on checkatrade there should be a copy of their insurance on the website

[simeon1964]

Their response reads as follows as they have not agree to repair my gutter what do I do?:

 

'Keepmoat has investigated the damaged caused to the canopy to your front door and this will be replaced. Broken roof tiles to the roof on the side elevation of your property above the front entrance will also be replaced. Keepmoat do not accept responsibility for the broken guttering on the corner to the rear of your property. This guttering has been broken for some time. Please see attached photographs of the broken roof tiles and broken canopy to be replaced. Please also find attached a photograph of the broken guttering. '

Even after taken off their scaffold I was left with dust and reminants of tie wraps in from of my property which I had to clean up. Their scaffold now removed from my property, but the poles are floating into the property.

[king12345]

Their response reads as follows as they have not agree to repair my gutter what do I do?:

 

'Keepmoat has investigated the damaged caused to the canopy to your front door and this will be replaced. Broken roof tiles to the roof on the side elevation of your property above the front entrance will also be replaced. Keepmoat do not accept responsibility for the broken guttering on the corner to the rear of your property. This guttering has been broken for some time. Please see attached photographs of the broken roof tiles and broken canopy to be replaced. Please also find attached a photograph of the broken guttering. '

Even after taken off their scaffold I was left with dust and reminants of tie wraps in from of my property which I had to clean up. Their scaffold now removed from my property, but the poles are floating into the property.

 

Call a scrapman and get the scaffolding posts removed for free.

When asked just say that you don't know anything about it.

[Stigman]

Call a scrapman and get the scaffolding posts removed for free.

When asked just say that you don't know anything about it.

 

Please do not go down this route, although the op must feel that way personally the op must keep everything in writing and hopefully legally so we can all continue to advise/learn.

 

As to your complaint to the workman, complain directly and in writing to your Council, they are the ones that have contracted the workman so the Council are fully liable for any damage that their sub-contractors cause.

 

Stigman

[simeon1964]

Thecouncil have removed their scaffold on my land now. The tiles they claim they were going to repair were tiles not known to me before and obscure and freshley broken. This is now adding up to 5 sections of damage. I reported three sections visible to the eyes and have now brought my attention to two more that i did not sported before. This new damage they are read to repair.

[Stigman]

I would not allow any further access to your land until the repairs have been carried out to your complete satisfaction.

 

Keep it in writing so you have a full paper-trail.

 

Stigman

[simeon1964]

Having taken down their scaffold from my property. Can I have issue with the scaffolding poles floating into my land? or this may be contrued as being pedantic ?

[Stigman]

This all depends on... How many scaffolding poles & at what frequency does this happen?

 

Stigman

[king12345]

The council would be in a lot of trouble if you accidentally tripped over their scaffolding.

A whiplash and ankle/knee twist is a common injury when you trip.

No win no fee solicitors would be fighting each other to get your case.

But then if you're careful you won't trip over the scaffolding, wouldn't you?

[simeon1964]

I have now received confirmation and admission of damage to two sections/part areas of the Five sections/areas of damage that I complained of.This now Leaves me with 3 areas /sections of the council and his contractors are not accepting liability.

The copy of their letter says as follows:

Keepmoat will be carrying out the following repairs to your property.

· Replacement of damaged tiles to the side elevation of the roof.

· Replacement of damaged area to canopy above FED. This will be carried out after the scaffold at 145 Tivoli has been struck.

Could you help further on the next step, as I am not happy with doing 2 out 5 different damage they have caused

[Stigman]

You need to write back once again that the damage was called by the contractors and you will not be giving them permission to use your land for the adjacent properties works until all repairs have been carried out in full to your full satisfaction.

 

If the Council refuse, you may have to get an independent surveyor in and use his report, unfortunately this will cost you but if proved that it is the Councils contractor has been at fault then you can claim the cost of the surveyors report back.

 

Stigman

[simeon1964]

In the meantme should I allow access to repair the damage they claimed was their fault whenever they are ready to do it?

[simeon1964]

The council have refused to give undertaking to repair the damaged sections of my property caused by their workers. Theyhave written to gain access into my property.

What do I do ? They are not even talking about using part of my property to carry out their work again as they have found alternative way. Below is mail sent.

'Keepmoat have been instructed by Council to carry out works to the two chimney stacks at 153 Zedine Road.

Keepmoat require access into your property at 151 Zedine Road to carry out a Pre-Gas survey to confirm any open flues.

Please can you advise availability to inspect for open flues.

This will take no longer than 5 minutes.

We appreciate your co-operation in this matter.

Kind regards'

[simeon1964]

The council have agreed to repair 2 of the 5 areas of damage to my property as they will not give a written confirmation that they will do the rest of this work after they have completed their building work around my house. Below is their reply asking access into my property. They have found alternative way to using my property to do their work although their scaffold are still protruding and some are on my property.

Please help1

‘keepmoat have been instructed by the council to carry out works to the two chimney stacks at 153 Zadine Road.

Keepmoat require access into your property at 151 Zadine Road to carry out a Pre-Gas survey to confirm any open flues.

Please can you advise availability to inspect for open flues?

This will take no longer than 5 minutes.

We appreciate your co-operation in this matter.

Kind regards’

[king12345]

Make sure you let them know that you use your chimney if they are removing the ones next door.

After they finish get a smoke test done to check that they haven't damaged your flue.

Of course, if your chimney is redundant don't worry about it.

They need access for 5 minutes, if you say no they'll come in your property anyway so let them.

Regarding the damage you have to pursue this separately from the access and scaffolding otherwise things get confused.

[simeon1964]

Thanks.

I am a bit not clear how they can come into my property if I refuse then entry access the flue? Will they have to get court order of force entery?

[king12345]

Thanks.

I am a bit not clear how they can come into my property if I refuse then entry access the flue? Will they have to get court order of force entery?

 

If you're talking about getting inside the house, then you can deny access and I very much doubt they can get a court order.

I though you were talking about accessing your garden.

[simeon1964]

Thank you very much.

They want complete access into the inside of my house. Even if into my garden. Do they the right ? I have freehold

[ericsbrother]

you should have got a contract drawn up to say they would complete the work within a certain time and clean up afterwards to your satisfaction and agee to a penalty clause if they didnt. The cost of such contracts is borne by the person doing the work so would have cost you nothing and they would be working to a deadline or they would have suffered penalties for failing to do so.

Let the council know that you require this before anyone steps on your property and that they will be forcibly removed if they commit aggravated trespass by entering without your permission.