Can a Neighbour refuse access for scaffolding?- Party Wall Solutions

October 18, 2022
Depositphotos 204509018 S1 min

Most construction projects require scaffolding to support builders, hold building materials, and support the structure itself. Scaffolding for your project may necessitate access to your neighbour's land. This may apply to new construction or repairs.

If you and your neighbour get along, you can usually put a scaffold on their property by asking. However, if you and your neighbour don't get along or the scaffolding is commercial, neither of these apply. In these cases, you must grasp the neighbouring land laws to understand your legal rights.

You're probably wondering if you can overhang scaffolding into your neighbours' airspace. We have all the scaffolding rights and usage information you need.

The Land Act of 1992 allows you to build any scaffolding above your neighbours' property to preserve an existing structure. You can erect scaffolding on private land for repairs such drainage, roof leaks, wall damage, and general upkeep.

If your neighbour refuses to allow scaffolding, you can only get a court injunction. If you're friendly with your neighbour, let them know before you erect scaffolding on their property.

Trespassing involves entering a neighbour’s property without permission, regardless of your scaffolding licence. If your neighbour refuses to allow scaffolding, you can only get a court injunction. The scaffolding must be utilised just for repairs to convince the court.

If scaffolding would immediately block access to their land, they can prohibit you access to it. Thus, the court may deny you entry to the property next door. Reasons a judge can prohibit access include:

The construction will block their front entrance, garage, garden, and other critical features.

Scaffolding is unsightly.

Scaffolding may reduce risk depending on its position.

These are just some of the reasons your neighbour may refuse you entrance to their property.

Can my neighbour build scaffolding on my property?

Your neighbour can build scaffolding on your land. Formal and informal scaffolding licences exist.  If it was critical, you would usually have to wait until they finished. If you can prove it's a home repair project or they're just blocking your land, you can take legal action to get them off.

Even if you refuse to let them on your land and they can prove the work is necessary maintenance, they can get a court order.

Scaffolding outside my neighbours window.

Many neighbours find that having scaffolding outside their windows is an annoyance. They have the potential to obstruct light and generally detract from the overall beauty of there home. However, it is very difficult to raise scaffolding next to a structure without at least some of the windows being obscured, either partially or completely. We advise before any scaffolding has been built to speak to your neighbours directly.

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