Obstruction of escape window in domestic property by scaffold

[AnthonyB]

Situation: Three Storey 60's Town House with G: kitchen 1: living room &  bathroom 2: bedrooms

1: has a door & balcony for escape
2: bedrooms have PVC glazed windows with openable escape windows.

The escape window from the main bedroom now only opens 2" as scaffolding has been erected next door overhanging.

Q's :

- is this legal?
- if not what statute does it breach?
- who are the enforcing authority to deal with this?

[PhilB]

In my opinion

1. What do you mean by the question, "is this legal"??, appears to be the same question as No.2 because if a law isn't broken,there is no offence;
2. Probably none, maybe HASAW etc. Act via CDM Regs.2007; possibly Building Regulations 2000.
3. HSE & LA Building Control.

[kurnal]

There may be little in fire safety legislation to help in this case as far as I can see. Civil law and nuisance may be the way forward.

How high is the top floor above the surounding ground?  
Is the escape route inside the property protected?
Do we really want someone escaping from a second floor window? Or would this be for others to make a rescue- in which case the scaffold may make things safer because after smashing the glass the occupant of the room may have something that they can climb out onto rather than facing a 5 metre plus drop?

[xan]

Maybe the housing act,enforced by EH,as the house must be 'fit for habitation' which includes fire safety.

[Mr. P]

Consider;
Situation/relation between the 2 properrties (owner & user)
How long is the scaffolding to be in place?
Was there consultation between properties (party wall act etc.)
Is escape compromised?

If this is a long term thing, the party wall act may be the route even using mediator.

[Big T]

AnthonyB,

If the building is a domestic dwelling and the occupier is carrying out the works then no law applies and nothing can be done.

If the landlord is carrying out the works on behalf of the resident then the HASAW etc act. and management regs apply as the contractor should have suitably risk assessed the work prior to commencement (which hasn't been done) and the HSE would be the enforcing authority.

If the next door neighbours scaffolding is encroaching over the window then only civil law would apply and you would have to go through a court. No enforcing authority.

[AnthonyB]

Thanks for your replies. The HSE responded with a Constructions site inspector on the same day of enquiry from the householder and the scaffold has been cut back allowing escape through the window.

The platform of the scaffold would be too high to aid escape & double glazing is known to be difficult to break especially with the stuff you would have in a bedroom.

HSE didn't like blocked window or risk of objects from scaffold falling