Scaffold Licenses

Probably the most common reason for accessing an adjoining owner’s property is to erect a scaffold or hoarding. This might be to ensure safe demolition as part of clearing a site for development or to facilitate new development either at or close to a boundary.

Demolition, dismantling and structural alterations must be carefully planned by experienced practitioners and undertaken in a way that prevents danger and this will include establishing clearly marked exclusion zones with barriers or hoardings if necessary.

The same would apply to the construction of new buildings – if the building has a wall close to the boundary it will be necessary to obtain temporary access over a strip of the adjoining owner’s land and if the wall is 2 or more storeys high a scaffold will be required.

If an adjoining owner does consent to access they will normally want the assurance of a formal License.

A License is normally drawn up with the assistance of surveyors and signed by both parties. It will have a number of conditions to safeguard the adjoining owner and their property and may include a weekly consideration.

A Scaffold Licence would typically include clauses confirming the following (not an exhaustive list):

  • The duration of access and details of any consideration (including penalties).
  • How the adjoining owner’s property will be protected (paving, roofs etc.) and their access maintained (where applicable).
  • Measures to mitigate nuisance from noise and/or dust.
  • Measures to maintain the security of the adjoining owner’s property – this might include a scaffold alarm, locking away ladders etc.
  • An obligation to make good any damage within a reasonable or prescribed time period.
  • A requirement for the building owner to place a sum of money in an account to pay for any damage to the adjoining owner’s property.

Prior to any scaffolding being erected a written record of those parts of the adjoining owner’s property which are at risk from the works should be taken together with a set of supporting photographs.  This schedule of condition is then attached to the Licence and can be referred back to if damage is reported.

If you require any advice on matters relating to scaffold licenses please do not hesitate to contact us either via email or on 020 7183 2578

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