Having scaffolding erected on your property even after completing the job is frustrating and inconvenient for most property owners. This is especially if the builder or scaffolder has no urgency to dismantle the scaffolding. Here’s how you can deal with getting scaffolding removed from your property.
Send a consent withdrawal letter
If scaffolding is still up on your property days after the project’s completion, you can send a consent withdrawal letter to your scaffolder or builder if they are responsible for subcontracting the scaffolding. This will notify them that you no longer consent to have the structure erected on your property. Knowing your scaffolding rights makes it easier for you to know what legal action to take.
You should indicate the period within which you want them to take the scaffolding off your property in the consent withdrawal letter. Depending on the builder or scaffolder they might remove the scaffolding and if not, you can take a different approach.
Most scaffolders tend to leave the scaffolding erected as they continue waiting for their next job because they don’t have adequate storage room. Even though this is frustrating to the property owner, it saves the scaffolder a significant amount of money and time.
Issue a solicitor’s letter
Once you’ve issued a consent withdrawal letter, you should follow up with a solicitor’s letter if no action has been taken toward removing the scaffolding. In the letter, you should indicate that if the scaffolding isn’t dismantled within the specified timeframe, you’ll issue proceedings in the county court.
You can claim damages for trespassing and private nuisance. You can also include legal costs and any storage costs for the extended period when the scaffolding will be on your property.
Report to the HSE
If you have tried all cordial means and the scaffolder doesn’t want to take action and remove the scaffolding, you can consider reporting them to the HSE. This is especially ideal if the scaffolding left on your property doesn’t have a tag and hasn’t been inspected after more than seven days.
Although using a scaffold tag isn’t a legal requirement, it’s a requirement that scaffolding should be inspected at an interval of not more than seven days. If your builder leaves scaffolding at your place without inspecting it for more than seven days, they’d be going against Health and Safety rules, which is illegal. The HSE will ensure that the builder adheres to the regulations.
Take down the scaffolding
This solution is only applicable if you are skilled in scaffolding erection and dismantling. If not, it’s advisable to contact an expert. Remember, all scaffolding should be erected and dismantled by a competent person.
Once the scaffolding is dismantled, you can write to your builder and inform them they’ll need to pay for storage costs should they need the scaffolding. If the builder doesn’t want to incur the extra cost, they shouldn’t have trouble removing the scaffolding from your place.
Calling a different scaffolding company to pick the scaffolding free of charge is another solution you can consider but it’s hard to find a company that would agree to this. Either way, the solutions highlighted above will help you get scaffolding removed from your property.