NSW Builder Next Door Erected Scaffolding in rear Yard of Our Commercial Property Without Consent

[oakdean5]

hi,
next door to our small shop near the station a block of low rise units are being built. Unbeknown to us, until tenant sent photo, builder has partially removed paling fence & erected scaffolding on our property abutting boundary to facilitate construction of wall which is approved along the boundary.

On receipt of photo (from our residential tenant occupying our commercial property) I emailed builder who said he couldnt contact me (despite having an email thread re dilapidation report from 15 months ago) and tenant said it was ok to erect, but also offered some money. Was the builder within their rights to tresspassing upon our property, partial removal of boundary fence & erect the scaffolding , without owners (my) consent?

Furthermore would a Development Application be required for erection of scaffolding on our property?

Importantly if an accident was to occur on or because of the scaffolding (on our property) would our public liability cover this, esp if the scaffolding required but lacked Council Approval. And or does the builders insurance extend to the scaffolding on our property?

The builder wants the scaffolding to stay. Who has the right to let the the yard? And who is liable should the scaffolding , or lack of boundary fence, contribute to an accident?

cheers!

 

[Paul Cott]

hi,
next door to our small shop near the station a block of low rise units are being built. Unbeknown to us, until tenant sent photo, builder has partially removed paling fence & erected scaffolding on our property abutting boundary to facilitate construction of wall which is approved along the boundary.

On receipt of photo (from our residential tenant occupying our commercial property) I emailed builder who said he couldnt contact me (despite having an email thread re dilapidation report from 15 months ago) and tenant said it was ok to erect, but also offered some money. Was the builder within their rights to tresspassing upon our property, partial removal of boundary fence & erect the scaffolding , without owners (my) consent?

Furthermore would a Development Application be required for erection of scaffolding on our property?

Importantly if an accident was to occur on or because of the scaffolding (on our property) would our public liability cover this, esp if the scaffolding required but lacked Council Approval. And or does the builders insurance extend to the scaffolding on our property?

The builder wants the scaffolding to stay. Who has the right to let the the yard? And who is liable should the scaffolding , or lack of boundary fence, contribute to an accident?

cheers!

Hi Oakdean5, This sounds like an illegal trespass. They needed to have obtained your consent first. I am unsure about if a development application would be required or not, that is not in my area of expertise. As to insurance, I don't think your public liability would cover it, but I would ask your insurer, they will know. As it is an illegal trespass done without consent, I have my doubts (but i am not an insurance expert) if the builder's warranty or other insurance would provide coverage. As there is so much in doubt about the insurance situation, to me it is all the most important the scaffolding is removed if it illegally encroaches onto your boundary.

 

[oakdean5]

We are grateful Paul for your helpful response.

imo it is often tricky for (inexperienced) consumers to know where to start, yet the original 'transgression', now that you point out what it (probably & sorta obviously) is, helps the other issues sort of fall into line.

cheers adrianjt