The right to scale is an action consisting in allowing your neighbor to carry out work on his home by passing through his property. It is an obligation of good neighborliness which may still not be accepted in certain cases. In this article, we explain when and how you can use this right.
What criteria are necessary to set up a scale right?
For you to be able to introduce a ladder into your neighbours’ house for work, you must meet a certain number of criteria. The first is that the work to be done must be essential. Maintenance and repair work is authorized, but not embellishment. Then, if you must necessarily go to the neighbor, it assumes that you have explored all the other alternatives without result.
This also includes those that should cost you more money. Finally, you will have to consider compensation for your neighbors in the event that the work undertaken causes damage. This also applies if they were to suffer disturbances of enjoyment as a result of your work.
What works are affected by the right to scale?
As explained above, the scale right cannot be used in all situations. There are some jobs for which it is applicable and others for which it is not.
The cases where it is applicable
The right of ladder can be used for essential maintenance and repair work to keep a home safe and in good repair. This can be facade or roof facelifts and repairs.
Likewise, it concerns work on existing constructions such as a main house and its ancillary buildings. Whether it’s the garage, the barn or a shed, the work can be done as long as it does not cause inconvenience to the neighbour.
Cases where it is not applicable
The right of scale cannot be used in the case of the construction of a new house. You, as the owner, must make certain arrangements regarding how to build your new home without having to enter the neighbour’s house. Nevertheless, it may happen in certain cases that the court authorizes the passage to the neighbor for a new construction.
Also, you have the work of transformations which, too, are not affected by the right of scale. If you have a good relationship with your neighbour, you can always ask him for permission to carry out this type of work, but you cannot go to court to force him to accept.
How does the implementation of a scale right take place?
When his need arises, you can establish the right of scale in two ways: orally or conventionally. If the oral application is relatively simple, as far as the conventional way is concerned, you will have to draw up a contract specifying the nature and duration of the work.
You will also need to add the terms of passage and compensation in the event of damage or trouble. Some also prefer to carry out an inventory before and after the work at the neighbour’s.