Originally Posted by
bunyip
At the very least, the neighbours should've asked permission as a courtesy. Sadly, this is becoming increasingly a problem. People feel they have a right to create noise, muck and hazard to 'improve' their lifestyles and bugg3r the rest of us if they "need" to impinge on the rest of us to do it. (Don't get me started on burglar/car alarms.....:angry: )
They might have some form of legal right to access your property within the deeds to the property. The fussy solicitor of the buyers of our previous house made lots of enquiries about this sort of thing: access to effect repairs, erect a fence, etc. etc. Sometimes our 'private' spaces are not quite so private as we may think.
It's a real PITA and I can well sympathise with you. You need to protect yourself, and have every right to feel affronted. But if you push it too far, you can end up the loser. You can do without a deteriorating relationship with a neighbour, who could resort to malicious complaints to Ofsted and the council, resulting in unwanted inspections and demands for planning permission to continue trading. It's not fair, but you need to remember you have far more to lose than the neighbour. :(
Consider whether you need to 'close' the garden and have an alternative scheme for daily outdoor play (park, etc.) You almost certainly need to RA even if it's just a question of parents walking past the scaffold on arrival/collection. Simona is absolutely right: the key risk relates to the nature of the work, possibility of falling objects; plus the integrity of the structure. I would be wanting to see (and get a written declaration from the neigbhour and their contractor) that they have sufficient PLI to cover any accidents, and make sure it covers you as a business, not just any individual casualties. You could well find that your own insurance would not cover any claim relating to this activity, so you absolutely make sure you are covered somehow. At worst, you could end up needing to close your service for the duration, and see if you can claim from the contractors. Not good. :(
You need everything in place asap, as anything could happen once the work is in progress. Be prepared for the workmen to get ar5ey. Scaffolding can cost £100s per day to erect/hire/maintain.
I strongly suggest you call your legal team to check. Also ask them about documents to indemnify you. Getting the work(wo)men to sign something isn't necessarily going to protect you. It depends how the "something" is worded (really a solicitor's job tbh, otherwise you may still be held liable for permitting the work to take place.) It's one of those things where nothing is likely to go wrong but, if it did go wrong, the consequences could be catastrophic.