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Q&As
Builder requires access to my garden for neighbouring foundations
The barns that form the boundary of my garden on two sides are being converted into houses. In order to underpin the foundations, repoint the stonework, fix new gutters, replace the roof and replace two windows, the builder needs access via our garden. My wife is a garden designer and we are not talking about a patch of scrubby grass here.
This will cause significant disruption, necessitating the removal and storage of plants worth over £1,700. The barn walls are 20-50 feet from our kitchen and dining room windows.
What are my rights to compensation?
Answers
This is something that is addressed by the Party Wall Act.
Your neighbouring owner should serve notice on you under the terms of the Act, and you can then serve a counter-notice setting out what works you think the builder should undertake to protect your garden, make good damage or otherwise compensate you.
If you can’t reach an amicable arrangement with the neighbour, the Act provides a mechanism for dispute resolution. If things get that far, you’ll need to appoint a party wall surveyor to assist.
Mike Dade, Planning Consultant & Build It magazine contributor
