Our team tackles uncooperative neighbours.
Please refer to the factfiles below.

Richard Mills, Project director at London-based specialist interior contractor Ibex Interiors

First, try to negotiate with the shop owner and find out why they don’t want to give you access. There has got to be a middle ground. Shops work on tight margins so maybe you could offer to redecorate or lay new carpets in exchange for access. Ask if they will allow you access early in the morning or late in the evening. These should be considered as part of your preliminaries costs. More trouble
Landlord’s requirements must also be considered. If the building is multi-occupancy, you’re going to have even more parties telling you what you can and cannot do. Another possible problem is when you have more than one contractor working at the same time. Negotiations for storage and access get very tricky at that point and it’s important to have a clear logistics strategy agreed before works commence. Also make it a point to ask what the rules of the building are. Do they clash with the local authority’s rules? It isn’t unusual for building rules to stipulate no noise between 8am and 6pm while the local authority says no noise is permitted between 6pm and 8am. In my experience you can’t negotiate once a building has been served with a Section 60 notice (Control of Pollution Act 1974). This is an issue you must consider at the tender stage and find a solution to before the construction works start. Mechanically, a hoist to the rear, in isolation, is a pretty primitive solution. For one thing you’re going to need a window big enough to get everything through. Depending on the site, I would explore the possibility of installing a beam hoist out of a rear window but I’d also investigate a scaffold gantry at the front, again with a beam hoist. Ensure that the scaffold has space to store materials once they are delivered – this will make the construction area less congested. While there will be restrictions on waiting time for vehicles, carefully planned deliveries can ensure you comply with the local authority’s requirements. You’ll rarely be refused a permit for occasional lorry parking and unloading but at all costs avoid a queue of lorries waiting to be unloaded. You have to be aware that when using the public highway you are open to public scrutiny and the highway has to be maintained at all times. Walk them up
Obviously, there has to be a route for personnel to gain access to the second floor, with or without assistance from the owner of the shop. Small materials should be able to follow this route as well, though beware the manual handling risks. While the pedestrian route may not be much help in the early stages it will be useful when deliveries of paint, plaster, ceiling tiles, and other small materials are required. One final comment: whatever strategy you choose, you have to have good, controlled access. If access is not suitable, trade contractors’ costs will increase and the programme could be affected.

Harry Sharp, Senior estimator at London-based office fit-out and refurbishment specialist Overbury

I know it’s a bit like asking people for directions and them saying “Ooooh, I wouldn’t start from here…” but, you do have to decide if it’s the right job for you in the first place. Ask the right people the right questions at the pre-contract stage. You’ve got to smell out the problem: it won’t announce itself to you. You’ve also got to visit the site and take along the estimator, the project manager, the services manager and any relevant subcontractors as well. And don’t forget your health and safety manager because the scenario poses lots of problems, not least protecting people walking under the scaffolding. Up for it
That said, if you still want to take on the job, look first at erecting a scaffold gantry at the first-floor level to the front elevation with a beam hoist to lift materials from the street. Make sure you box in the scaffolding and paint it nicely so it looks attractive, safe and smart. Liaise with the shop manager. Talk to the local authority and police about the best time for deliveries and agree the methodology such as temporary barriers and banksmen. Ask about bus routes. Will the scaffolding and gantry rip the top or side off a double-decker? On the diplomacy front, it’s key to keep everyone affected informed and on your side. The project manager is the person at the sharp end here. But think about your subcontractors. Can they be let loose on a crowded city street? Will they respect the restrictions, and ask for clarification if they’re not sure? Does the scaffolder know the local authority requirements? Be prepared for red tape. Those of us used to Westminster and London know the time constraints on local authority officials. They don’t have much time to take your queries and deal with your requests, but you’re within your rights to insist when necessary. Dead end
I think it’s a dead-end approach to try to save on the up-front fixed logistics. Bite the bullet and spend what is necessary on installing the right mechanical handling equipment. Spend on the security too: guards and a hut. I saw a similar site once where labourers were bombing a lorry with debris from an upper floor instead of hoisting it down properly. It looked bad and it is very dangerous to do the job on the cheap. You can throw labour at the problem but clogging up the one and only fire escape with guys carrying materials could spell disaster. Go for the safe and proper solution. It will save time and most likely money in the long run. The shop owner will have to cooperate to a certain extent. Follow the lead of your client as to whether to take a tough or a cooperative approach. A lot will depend on the relationship that they have. Taking a professional approach pays dividends. You can earn money and build up a list of satisfied clients by doing difficult jobs right first time.

Ian James, Planning/quality manager at South Wales-based civil engineering/building contractor Andrew Scott

The owner of the shop seems reluctant to cooperate. Perhaps if the site manager was to agree out of hours working to minimise disruption and promise some redecoration the owner might relent a little. The idea of a hoist in the narrow alleyway is also a possibility as you can get hoists with a small footprint. A cantilevered scaffold arrangement may give some sort of working/loading platform but if the shopkeeper is uncooperative, he may not want ugly scaffolding obscuring his shop. With all this in mind, it may be worth considering loading and unloading materials at night. Permission may have to be sought from various bodies and neighbouring properties, but it would mean materials could be unloaded without disruption to the shop. Also at night there is less possibility of falling materials hitting members of the public. The materials could be lifted into place using a scaffold, a crane, lift truck, a scissor lift, or even a mast climbing work platform (MCWP). Take out a window and materials could be delivered through the opening. This will allow work to be carried out during normal working hours with little or no disturbance to the shop below. Inside or out?
If all the refurbishment work is internal, there should be no problems but if work is needed to any facade consider providing a more permanent and secure means of providing a working platform, access, and protection. The risk assessment carried out before commencing works will determine whether you need temporary mobile access or a more permanent and stable method such as scaffolding. Remember that the HSE will take a dim view of anyone working at height without the necessary protection, equipment or controls. Also consider the delivery of materials to the site. If there is room in the back alleyway, the materials may have to be double-handed unless the site managers can coordinate suppliers to deliver to the front of the building when access is available to the site. Working in the dark
Evening or night-time working will prove more costly initially with overtime payments for the staff working on the project, for example, but this may be worth it in the end for the time you gain in not having to deal with uncooperative neighbours complaining of noise and obstruction from materials being unloaded during the day. It certainly wouldn’t be good PR for your company to be seen arguing with residents. A job of this nature is difficult to plan and a lot depends on the people involved. The site manager would have to be diplomatic and used to dealing with people face to face. There’s nothing worse than having a bureaucratic manager sitting in the office all day. The site manager should also be prepared to be flexible in their plan of work to take account of any unforeseen problems.