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Buachaill, Barrister
Category: UK Property Law
Satisfied Customers: 10115
Experience:  Barrister 17 years experience
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Hello, Following a buildings surveyors inspection of my

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Following a buildings surveyors inspection of my house to investigate water penetration I have been advised that I need to have the render on my gable end wall replaced.

The gable end wall that requires the new render sits above a party wall, i.e. I live in a terrace, my house is three storey and my neigbours is two storey.

I spoke to my neigbours about the works 2 - 3 months in advance and also invited them to meet the builder quoting for the works to ask any questions they may have about the works.

To undertake the works the builder will have to have a scaffold erected over part of our neigbours roof.

The neigbours are very concerened that the works will damage their roof even after reassurances from the builder regarding how they will protect the roof during the works and of course repair any inadvertant damage that occurs.

The neigbours have made it clear that the works can only proceed when they are at home (which is fine with me), but at the same time they have advised me that they are going on holiday 'some time in the summer' but will not tell me when.

As such, I cannot provide the builder with any suitable dates of when they can undertake the work.

I am concerned that I will miss the 'weather window' for the builder to complete the works, as such can you advise what options are availabe to me?
1. Where your neighbour will not give you any date fo rhte carrying out of work, then you will have to make recourse to the Access to Neighbouring Land Act, 1992, to ensure access. This allows access for the carrying out of "preservation works" to your neighbour's land. Fixing the gable on your house constitute "preservation works" to your property and so fall within the Act. You should formally write a letter to your neighbour and make reference to the Act and seek permission formally stating that you will get an order of the court if access is not permitted. Set out the dates you want access on and state you will be seeking your costs if you have to make a court application. Failing a positive response, you can make application to the court getting an order compelling access. Here you will need a solicitor to help you with the application. However, this is the way forward here where your neighbour is dragging his heels.
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