Lets face it both the solicitor and the vendors of your new property are banking on you finding it to difficult and costly to pursue. You should either get on with it or live with it, you have a good case on them both though. As for the neighbors, just tell them that you will not give them permission to put up the scaffolding until you are completely satisfied that the structure is safe. Ask for proof of this and all the relevant risk assessments for all processes that will be undertaken by the builders (around your property). Also copies of the scaffold and building companies public liability insurance. A little delay will upset them of course.

http://www.practicalconveyancing.co.uk/content/view/7836/0/

i was under the impression the seller did not have to tell you, but if you asked and they lied then they are liable.

Solicitor is different, it is there job to find out.

Yep, no point getting into agro with the neighbours as your could be obliged to disclose if you ever had problems with the neighbours as and when you come to sell! 😕

I feel so sorry for the builders,having a 3 year old thats able to climb scaffolding and the parents dont seem to be able to control,lets hope they priced a nice secure fence into the price, or your neighbours going to get a shock when they add that onto the bill.Also the cost of a party wall surveyor,and the limited hours you will amke them work incase it disturbs your peace.

Who would want to be a builder………

Scaffolding wise, the close proximity of our properties means that completing the building works without having access from my property will be very difficult for them.

My mate is in a similar situation – his neighbour is being a pain and refusing to allow builders onto their garden. But they haven’t realised all that is going to happen is they get a really messy wall where the builders haven’t bothered/can’t reach.

Or if you really really want to annoy your next door neighbours check out the right to light options – you have 12 months after building starts and if they side with you then they potentially have to pull the extension down…..

Lets be clear, I have no intention of falling out with my neighbour and I intend to be cooperative with them. Although, as a side note, they mentioned to my wife that a ‘frosted window’ would be installed overlooking our garden, and its certainly not on the plans that i’ve witnessed.

I also have no intention to go high and mighty and sue for traumatic abuse to my son, I was merely expressing that im naturally concerned for the safety of my young boy – and that keeping him away from a building site will be inconvenient. The positioning of our houses and bordering means that ANYTHING falling down would land straight into my garden.

Project – im not certain that you are mocking, but your tone confuses me somewhat. If you are mocking, please do one.

Im going to research all advice offered, thanks guys.

Despite already knowing the inevitable outcome of the extention works, ive just had the sinking feeling after visiting our local council website and finding all manor of details about this planning application within 2 minutes. Including addition of side aspect window (which frankly im amazed has been approved as it will ‘look’ directly into out property).
Im now armed to the gills with drawings and signed documents, will be keen to hear what my solicitor has to say about this addition.

do you own a set of bombers? i suggest you get them out and do some “owning”

in all seriousness, dont let your emotions get in the way of the facts.

the following taken from local council officers report:

– Two letters of representation have been received. These raise the following summarised
concerns: the proposed first floor windows would overlook adjacent properties and reduce their
privacy;

Too right!

The proposed window to the northern elevation would be
obscurely glazed and it is not considered that it would lead to any significant impact upon the
amenities of nearby residents.

easy for them to say. There is currently no window overlooking my property – obscuration isnt enough to convince me that my amenities arent impacted!

As a parent to a three year old and also friends with a stone mason who dropped a chisel from scaffolding onto someone below I can see where the OP is coming from!

The solicitor will have Professional Indemnity Insurance, so if they have screwed up it will be their insurers paying out. If it is a clear cut case they will be keen to settle and move on, so be sure of what you want from the claim.

The vendors will be more difficult as they are unlikely to have insurance so will be stumping up from there own money – hence they are likely to battle to the last rather than roll over and pay (unless they are cash rich).

See if you have any legal expenses insurance (bank accounts, credit cards, FSB membership, Union Memberships and your Home/ Car Insurance all may have this feature as a bolt on extra – if you have consult another solicitor and set the hares running. Your original solicitor will not like a potential complaint letter from your new solicitor and will have to put their insurers in notice of a potential claim if they have not done so already.

This is not legal advice in any way, it is just what I did when I bought some commercial premises a few years ago and the solicitors screwed up, we received compensation that ran into tens of thousands because of their error. As a warning, even on a relatively straightforward case (the solicitor admitted liability almost immediately)the settlement took over a year. The insurers viewed liability as the first issue and then negotiated over ‘Quantum’ – how much we had lost financially for quite some time.

Your lad might learn some new words from the builders!

I feel so sorry for the builders,having a 3 year old that’s able to climb scaffolding and the parents don’t seem to be able to control

Don’t really think that anyone can criticize a parents right or wish to keep their child safe from external factors that the parent can’t control.
I for one wouldn’t be concerned about my boys climbing up scaffolding.. (I’m more concerned about the 4 foot retaining wall that I chose to build in my garden, and the odd dog poo we miss)… playing unsupervised comes with inherent risk..
but, mortar dust, falling bricks, tools, nails, pieces of insulation and asphalt/bitumen roofing stuff potentially falling into my yard and finding its way into little hands ABSOLUTELY would be a valid cause for concern.

However, as pointed out above, emotional issues don’t really carry much weight,
Perhaps a friendly chat with the neighbor and his GC to address your concerns and with granted access and no challenges, I’d imagine they’d address falling debris risk like they would with a high street scaffold wrap.

Sounds tome suspiciously like the previous owners chatted with neighbour and sold up on the back of it before it got to the stage your in .

In scotland you have to declare these things on the home sellers questionaire.

Project – im not certain that you are mocking, but your tone confuses me somewhat. If you are mocking, please do one

No not realy all building sites should be securely fenced and all risk fo items falling on passerby should be taken care of.A brick, chisel etc faling from height is a serious risk thats whay most reputable sites have lots of signs, scaffolding boards, and netting canvas.

Then builders also have the problem of people trying to access the build to steal, nosey around etc,probably not in the mind of a 3 year old, but still possible for them to wander into the site.

Site being a place where work is being carried on.

Sounds to me like the previous owner intentionally withheld the information. IFAIK, they don’t have to volunteer that sort of the information, but they’re legally obliged to disclose it if asked. I’m far from an expert, but I’d think they’re legally in very hot water there.

obscuration isnt enough to convince me that my amenities arent impacted!

That’s fine for planning. Sorry to say. It should be non opening though so the obscurity is not by-passed.

Firstly was your conveyancing a £99.00 special in which case…

Normally a local authority seach will not reveal planning applications on a neighbouring plot – you would need a separate search for this which isn’t usual. I am a conveyaning solicitor and I wouldn’t spend my time trawling through a local authority web site to check general planning applications unless something put me on notice or a very high value property in an area off patch in which case the price will justify the extra search.

If the usual Property Information Form was supplied by the seller there is a specific enquiry on this point – if the seller answered no to this and had recieved notice then this is a clear misrepresentation – your local authority will keep a record of who notices of the proposed development were sent to.

Did your conveyancers report on title cover the above point on the local search – if not there may be a claim in negligence there.

You should immediately seek the advice of A DIFFERENT SOLICITOR as to the remedies available to you.

I am a litigation solicitor.