Scaffolding on the neighbouring property: what you may do, and what the neighbour must tolerate

The façade is right on the property boundary – and you can’t do anything without scaffolding on the neighbour’s property? A classic scenario for terraced houses, properties built right up to the boundary and narrow courtyards. The good news is that in most federal states, the neighbour must tolerate the scaffolding under certain conditions (the ‘Hammerschlags- und Leiterrecht’ principle). The bad news is that if you simply erect it without giving notice, you risk having it taken down, being liable for damages and having a permanently disgruntled neighbour.

Here’s how to do it properly – in 4 steps

1. Give plenty of notice: Inform your neighbours in writing – depending on the federal state, notice periods range from approximately 2 weeks to 1 months before the work begins. Describe the scope, duration and the area affected.
2. Clarifying the duty to tolerate: The so-called ‘right of access for scaffolding and ladders’, as set out in the neighbour law statutes of most federal states, obliges neighbours to tolerate the erection of scaffolding and access – provided that the work (e.g. façade renovation on the party wall) cannot otherwise be carried out and the disruption remains proportionate.
3. Sorting out compensation and liability: In several federal states, your neighbour may be entitled to claim compensation for loss of use; you are liable for any damage (to the lawn, flowerbeds, paths) in any case. Taking photos of the condition before the work begins will help avoid disputes – and your public liability insurance should cover scaffolding work.
4. If they refuse: first try to discuss the matter, then send a written request setting a deadline – if necessary, you can enforce compliance through civil law. Allow plenty of time for this and seek legal advice.

Important: The details vary from one federal state to another (some states do not have their own Neighbourhood Relations Act) – this article is intended as a guide only and is not a substitute for legal advice.

Practical information: If the scaffolding extends onto a public footpath or road, you will also need a special use permit from the local authority – find out more in the guide ‘Scaffolding Safety: Permits, Obligations & Standards’. You can work out the right scaffold size for your property boundary using the scaffold area calculator; certified systems are available in our second-hand stock.