# Scaffolding over property



## Parazard2 (1 Jul 2020)

My next door neighbour has just erected scaffolding over my single storey extension to gain access to his property from the side (they're building a double extension). Is this legal? How do I know if it's been done safely? I tried asking for the health and safety person and the main builder who has been onsite daily told me he has just been doing a bit of timber work on the property. What should I do?


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## Leo (1 Jul 2020)

It's trespass if they didn't have your permission. Perhaps the neighbour didn't know they would install it like that, but whoever erected it should have ensured you were OK with it before entering your property. That said, taking a heavy handed approach will only sour relations with the neighbour. 

Perhaps have a chat with the neighbour and discuss your concerns? Ensure the contractor has liability insurance that will cover any damage to your property and protect you from any claims if anyone working within your property is injured.


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## Parazard2 (2 Jul 2020)

Leo said:


> It's trespass if they didn't have your permission. Perhaps the neighbour didn't know they would install it like that, but whoever erected it should have ensured you were OK with it before entering your property. That said, taking a heavy handed approach will only sour relations with the neighbour.
> 
> Perhaps have a chat with the neighbour and discuss your concerns? Ensure the contractor has liability insurance that will cover any damage to your property and protect you from any claims if anyone working within your property is injured.



 Thank you - unfortunately the neighbour has been very unreasonable and is already building not complying with planning permission etc. I asked the main builder reassurance re: health and safety measures and he said he was 'just doing some timber work'. It looks like a shady site and I am concerned about safety but nobody seems to be stepping in (have contacted planning, H&S and garda) - so I am wondering what my options are? Should I just call my solicitor? I doubt that they have insurance in place, which also makes me very nervous but I don't feel like I can do anything about?


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## Leo (2 Jul 2020)

If the proposed works aren't compliant, lodge a formal complaint with the planning section of your LA. Look here to see if the works fall under the definition of requiring a Project Supervisor, thought there may not be a H&S angle if there is nothing inherently unsafe about what they're doing. 

If you want to take it further, talk to your solicitor. There might be an option for you to issue them a notice you plan to remove the unauthorised scaffolding from your property at a set time, but you'd need to be careful that you don't become liable for any hazzards created.


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## cremeegg (2 Jul 2020)

If you aren't concerned about neighbourly relations just take down the scaffolding


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## Seagull (3 Jul 2020)

It sounds like you already don't have a good relationship with the neighbour. Tell the builder he has 6 hours to remove the scaffolding from your property, and that any access will be dependent on a proper request in writing. Also insist on being shown that proper insurance is in place, and that you are indemnified in the case of any accidents on your property.


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## Parazard2 (3 Jul 2020)

Seagull said:


> It sounds like you already don't have a good relationship with the neighbour. Tell the builder he has 6 hours to remove the scaffolding from your property, and that any access will be dependent on a proper request in writing. Also insist on being shown that proper insurance is in place, and that you are indemnified in the case of any accidents on your property.




Any suggestions on how to do this? I have already asked the builder to speak to the person in charge and asked them for the health and safety report. They just laughed in my face. Nobody has an official role here and no rules are being followed at all. What can I do? I have contacted all the authorities etc. do I really need to pay a solicitor and most likely get nothing out of them anyway?


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## Blackrock1 (3 Jul 2020)

you have a few options

leave it and forget about it, itll be gone soon enough
call the guards as its trespass
start taking it down yourself, afterall someone has erected a semi permanent structure on your property


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## Seagull (6 Jul 2020)

Refuse to allow the builder onto your property. If he tries to come in, call the gardai.


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## DeeKie (6 Jul 2020)

Put your complaint to the builder and neighbour in writing too. If there’s an accident on your property you will have a problem.


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## Marantz (6 Jul 2020)

There should be a cert on the scaffolding stating that it was put up by a certified scaffolder and that it is safe to use,if it's not there it's not legal.
 It's actually a criminal offence to put up -and take down - scaffolding without the proper certificate these day. I would be surprised that a reputable builder would do do that.
The builder has a very odd attitude for a man who is trespassing on another's property and has been told that he is.


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## Seagull (7 Jul 2020)

I would suggest you contact the council to check whether the building as going ahead is in compliance. It probably wouldnt hurt to get in touch with your local garda station to let them know what's happening, and that you are concerned the builder might try to come onto your property without permission. You can also ask their advice at the same time.


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## Sue Ellen (7 Jul 2020)

Seagull said:


> I would suggest you contact the council to check whether the building as going ahead is in compliance. It probably wouldnt hurt to get in touch with your local garda station to let them know what's happening, and that you are concerned the builder might try to come onto your property without permission. You can also ask their advice at the same time.



If speaking to the local garda station it would probably be best to ask for the Community garda.


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