Scaffold : replace a garage roof = "renew"?

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PeachS
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Joined: Wed Feb 15, 2017 9:18 am

Scaffold : replace a garage roof = "renew"?

Post by PeachS » Sun Oct 22, 2017 11:00 pm

Hello,

We are planning to replace our garage roof & gutters etc as the existing roof is c.30 years old and we would like to replace the roof (concrete) with natural slate to match that of our main house.

The garage is an original structure (the house is new) and to replace the garage roof we will need to place a couple of scaffold poles in our neighbours garden. Unfortunately, our neighbours objected to our planning application for our new house and may be less than helpful with our scaffold request. We will politely email them to ask if we can add the two scaffold poles for 2 weeks during the garage roof work, obviously repairing any damage caused.

I would like to understand our options if we are refused or if we receive an unreasonable requests (they had asked for very unreasonable sums as security for a shared driveway during our main building works even though our deeds require us to repair any damage).

The reason for this post is to seek views on if replacing a garage roof on an existing garage would be covered by either access clauses in our deeds (see below) or, if needed, Access to Neighbouring Land Act 1992?

I hope neither the deeds or access to land acts will be required, but it would be useful to understand in replacing a roof is considered "renewing" or "reasonably necessary for the preservation" of the garage.

Any advice welcome.

Extract from DEEDS:
(d) Upon reasonable prior notice being given and with workmen materials and equipment if necessary to enter on the adjoining parts of the Estate for the purposes of :-
( ii) renewing repairing painting maintaining and inspecting any dwelling garage or other structure which may be built on or in close proximity to the boundary line of the property.
The Purchaser making good all damage which may be done in the exercise of the rights specified in this sub-clause at his own cost and without unnecessary delay provided always that none of the rights hereinbefore in this Schedule granted shall apply to or be exercised over any land transferred to or vested in any of the Statutory Undertakers.

Collaborate
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Re: Scaffold : replace a garage roof = "renew"?

Post by Collaborate » Mon Oct 23, 2017 6:48 am

The picture I have in my head is that you have a flat roof made of concrete and want to replace it with a pitched roof. If that’s the case you’re improving, not renewing, repairing or maintaining as per the deeds. You therefore have no rights to enter either under the deeds or the Act.

If you’re simply replacing concrete tiles with slate then you could have access under the Act provided they need replacing anyway, but the deeds seem to give you the best access rights as the work need not be deemed essential.

PeachS
Posts: 6
Joined: Wed Feb 15, 2017 9:18 am

Re: Scaffold : replace a garage roof = "renew"?

Post by PeachS » Mon Oct 23, 2017 9:05 am

Thank you. To clarify, the garage roof is pitched and has concrete tiles that we are replacing, but with slate. The existing roof is 30 years old and the gutters need replacing.

PeachS
Posts: 6
Joined: Wed Feb 15, 2017 9:18 am

Re: Scaffold : replace a garage roof = "renew"?

Post by PeachS » Tue Nov 07, 2017 2:23 pm

Thank you.

So, given we are renewing the roof (replacing tiles with slates) and the deeds allow for this what is the approach?

I assume we simply ask if this is ok and if we can add the scaffold to renew the roof. If ok, great. If not, highlight its in the deeds, and negotiate a little etc. If still don't get anywhere and we are not granted permission what actions would we take to exercise our rights under the deeds? Is this then a court process?

Collaborate
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Re: Scaffold : replace a garage roof = "renew"?

Post by Collaborate » Tue Nov 07, 2017 3:41 pm

Your rights of access are governed by this Act : https://www.legislation.gov.uk/ukpga/1992/23/contents

Digest it fully and ensure you comply with it. If you have to go to court to get an order then sobeit.

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