Q: I live in a terraced house in North London. My neighbour is adding a loft extension and wants to put some scaffolding in my back yard to facilitate building the extension. He has already extended his house into his own yard, so there is no place for any scaffolding on his property. Do I have to agree to this? I am not keen to do so. And even if I do, what risks are there? Presumably I must check his builder’s liability insurance.

A: At common law, your neighbour has no right to erect scaffolding on your land. This would be trespassing. If your house is leased, or there are restrictive covenants, it is possible that the neighbour has a specific right to come on to the yard. Although neither seems likely in your case, you may want to check the terms of any lease and search for restrictive covenants online at www.landreg.gov.uk.

Two pieces of legislation may also apply. The Party Wall etc Act 1996 makes elaborate rules for boundary walls. If the extension involves building on top of the boundary, your neighbour will have to serve a party structure notice and pay for you to employ a specialist surveyor. Your neighbour will then have the right to come on to the yard during working hours to carry out these works, and he will be able to erect scaffolding to do so. Under the Access to Neighbouring Land Act 1992, your neighbour could also apply to the court for an access order allowing entry to carry out repairs and maintenance. However, this legislation does not apply to major improvements such as the building of a loft extension.

The main risks with scaffolding are that your home may be damaged, your property may be insecure, workmen or friends and family may be injured and the works may drag on for longer than planned.

If you give permission, put it in writing, set a time limit and get your neighbour to agree that he will indemnify you against these risks. If you want to check the builder’s insurance, that is fine, but it is probably better to get your neighbour to agree that he will be personally responsible if something goes wrong.

There is no reason why you should not ask for some compensation for the inconvenience of having the scaffolding covering your yard. Finally, make sure that you notify your own insurers about the works.

Mark Loveday is a barrister at Tanfield Chambers (020-7421 5300). E-mail your questions to: property.consumer@thetimes.co.uk

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