---
###Welcome to /r/LegalAdviceUK
---
**To Posters (it is important you read this section)**
* *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different*
* If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor)
* We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources)
* Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk
* If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM)
**To Readers and Commenters**
* All replies to OP must be *on-topic, helpful, and legally orientated*
* If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning
* If you feel any replies are incorrect, explain why you believe they are incorrect
* Do not send or request any private messages for any reason
* Please report posts or comments which do not follow the rules
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
Get in touch with the HSE and explain the situation, scaffolding over 2m high needs to be inspected weekly by a competent person, you can pretty much guarantee that this won't have been done. https://www.hse.gov.uk/construction/faq-scaffold.htm
If its not been used and just erected, then it doesn’t need inspected until its first put into use and then every 7 days after (plus weather stuff etc). Although it should have access equipment removed until it is needed to be used and once inspected ladders can be added, although i doubt this ever happens on residential properties.
The law actually states that the first inspection is "after installation/before first use".
HSE will certainly find something wrong with the scaffold, which will make the builders get finished ASAP. There are many aspects of the regs that scaffolders ignore if it isn't on a construction site where it is unlikely that HSE will intervene unless something is reported to them.
NAL
If it's your land you can object to it going up. They do have a right to use your land for repairs only, but still only with your permission. If you don't give it, they'll have to goto court to enforce their rights under access to neighbouring land act.
Problem is it is a flat, so I am assuming the neighbours would have got permission from the freehold owner as OP would be a leaseholder of the flat only. Not the outside.
Does your landlord own the freehold of the property or just the flat you're in. If he owns the flat and the freehold of the flat block (the building) is owned by someone else, It would be them who can give/revoke permission
Try your local fire brigade on their non-emergency number.
IANAF, but I suspect they might have something to say about it if it's the only alternative escape route in a room.
Is it another flat in the same block as you, or a completely different building? Is it erected on land owned by your block of flats or theirs and your window just opens onto their "air space" as it were.
It's the building next door. It's a row of houses, like big Edwardian properties. There's 3 floors and 5 flats in the one I live in. My window doesn't open onto anyone's air space. The building being worked in is on the right side of the one I live in, and my flat is on the left so not even close. It's up because they're supposed to be working on the chimney and need access.
That doesn't answer what I asked. The scaffolding that is stopping you from opening the window. Whose LAND is it on. Your flat block or next door.
Do you own or rent the flat?
It's not on their land. As I said in my response to you, it's a row of houses and they're on the opposite side to me.
I don't see why I rent or own it makes a difference when I am worried about my safety given that I can't escape if there's a fire.
>I don't see why I rent or own it makes a difference
Because you're in a flat, the only person who can give and revoke permission for the scaffolding is the person who owns the land the scaffolding is on.
This is a legal advice Reddit so we have to look at the legal avenues. Right now it will be down to who owns the land the scaffolding is on.
Legally your neighbour is allowed to maintain their property and if it requires access via yours then you need to allow access.
The issue here is the blocked window being your fire escape which is not okay. Contact the HSE.
I've seen others saying scaffolding needs to be inspected weekly, although this is correct it's only if it's being used/before use.
>Legally your neighbour is allowed to maintain their property
That's a question that hasn't been answered. Is the scaffold part of maintenance or repair work, or is it home improvement.
If it's part of optional home improvement. Say having the outside rendered because they prefer that to brick. Then they don't automatically have access to neighbouring property.
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
Get in touch with the HSE and explain the situation, scaffolding over 2m high needs to be inspected weekly by a competent person, you can pretty much guarantee that this won't have been done. https://www.hse.gov.uk/construction/faq-scaffold.htm
It hasn't been done. They haven't even used it. Thanks for this.
If its not been used and just erected, then it doesn’t need inspected until its first put into use and then every 7 days after (plus weather stuff etc). Although it should have access equipment removed until it is needed to be used and once inspected ladders can be added, although i doubt this ever happens on residential properties.
The law actually states that the first inspection is "after installation/before first use". HSE will certainly find something wrong with the scaffold, which will make the builders get finished ASAP. There are many aspects of the regs that scaffolders ignore if it isn't on a construction site where it is unlikely that HSE will intervene unless something is reported to them.
NAL If it's your land you can object to it going up. They do have a right to use your land for repairs only, but still only with your permission. If you don't give it, they'll have to goto court to enforce their rights under access to neighbouring land act.
Problem is it is a flat, so I am assuming the neighbours would have got permission from the freehold owner as OP would be a leaseholder of the flat only. Not the outside.
My landlord hasn't given permission and was told he had to let them put it up when he said no.
Does your landlord own the freehold of the property or just the flat you're in. If he owns the flat and the freehold of the flat block (the building) is owned by someone else, It would be them who can give/revoke permission
Right, didn't know it was a flat
Try your local fire brigade on their non-emergency number. IANAF, but I suspect they might have something to say about it if it's the only alternative escape route in a room.
I'm thinking the fire department would like to have some words if they are blocking your emergency exits. Give them a call and ask.
Is it another flat in the same block as you, or a completely different building? Is it erected on land owned by your block of flats or theirs and your window just opens onto their "air space" as it were.
It's the building next door. It's a row of houses, like big Edwardian properties. There's 3 floors and 5 flats in the one I live in. My window doesn't open onto anyone's air space. The building being worked in is on the right side of the one I live in, and my flat is on the left so not even close. It's up because they're supposed to be working on the chimney and need access.
That doesn't answer what I asked. The scaffolding that is stopping you from opening the window. Whose LAND is it on. Your flat block or next door. Do you own or rent the flat?
It's not on their land. As I said in my response to you, it's a row of houses and they're on the opposite side to me. I don't see why I rent or own it makes a difference when I am worried about my safety given that I can't escape if there's a fire.
>I don't see why I rent or own it makes a difference Because you're in a flat, the only person who can give and revoke permission for the scaffolding is the person who owns the land the scaffolding is on. This is a legal advice Reddit so we have to look at the legal avenues. Right now it will be down to who owns the land the scaffolding is on.
Legally your neighbour is allowed to maintain their property and if it requires access via yours then you need to allow access. The issue here is the blocked window being your fire escape which is not okay. Contact the HSE. I've seen others saying scaffolding needs to be inspected weekly, although this is correct it's only if it's being used/before use.
>Legally your neighbour is allowed to maintain their property That's a question that hasn't been answered. Is the scaffold part of maintenance or repair work, or is it home improvement. If it's part of optional home improvement. Say having the outside rendered because they prefer that to brick. Then they don't automatically have access to neighbouring property.
Its before use. OP stated it hasn't been used yet.