Terms of Engagement

Services are provided by M.G Party Wall Experts, a trading name of M.G Brands LTD (15677412), Woodgate Studios, 2-8 Games Road, London, EN4 9HN. VAT number GB 487851141. These terms apply to every instruction unless we agree something different in writing.

• Advising whether proposed works fall under the Party Wall etc. Act 1996 and which sections apply.
• Drafting and serving notices under sections 1, 2 and 6, and dealing with the responses.
• Preparing Schedules of Condition — a dated written and photographic record of the adjoining property before work begins.
• Acting as Agreed Surveyor, or as the surveyor appointed by one owner, in settling a Party Wall Award.
• Acting as Third Surveyor where selected, and carrying out inspections during and after the works.

We do not provide structural design, building control, planning, boundary determination under the Land Registration Act, valuation or legal advice. Where those are needed we will say so and can usually point you to someone appropriate.

Once appointed under section 10 of the Act, a surveyor's statutory duty is owed to the proper administration of the Act, not solely to the owner who appointed them. That means we act impartially on the matters the Act puts in our hands, and an appointment under section 10 cannot be rescinded. Where we act for you outside a statutory appointment — for example advising on whether the Act applies — we act on your instructions in the normal way.

• Accurate details of the site, the ownership and the neighbouring properties.
• The drawings, structural details and method statements for the works, and prompt notice of any change to them.
• Reasonable access for inspections, and reasonable help in arranging access to the adjoining property.
• Prompt responses to correspondence — the Act runs on fixed time limits, and a missed one can cost weeks.

We quote in writing before we begin. Fees are either a fixed amount for a defined piece of work or an hourly rate, and the quote will say which, together with what is included, disbursements, and whether VAT applies. Anything outside the agreed scope — for example a significant design change, extra properties, or a matter that becomes contested — is quoted separately before we take it on.

Invoices are payable within 14 days of issue unless stated otherwise. Under the Act, the building owner ordinarily bears the reasonable surveying costs of a party wall matter, including the adjoining owner's surveyor's reasonable fees where they are determined by an Award. We may suspend work on unpaid accounts after written notice, subject to any statutory duty we hold.

The practice is insured up to £10m. Except for death or personal injury caused by negligence, fraud, or any liability that cannot lawfully be excluded, our total liability for any one matter is limited to the level of that cover. We are not liable for losses caused by inaccurate information given to us, by works carried out other than as notified, or for indirect or consequential loss such as loss of profit or delay costs.

You may end a non-statutory instruction at any time in writing, and we will invoice for work done to that date. We may decline or cease to act where there is a conflict of interest, where we are not given the information or access we need, or where fees remain unpaid. Statutory appointments under section 10 continue as the Act provides.

If something goes wrong we want to know. Contact the surveyor handling your matter, or email us at info@mgpartywallexperts.co.uk, and we will work with you to put it right.

These terms and any dispute arising from them are governed by the law of England and Wales and subject to the exclusive jurisdiction of its courts. Nothing here overrides the statutory dispute resolution procedure in section 10 of the Party Wall etc. Act 1996 or the right of appeal to the county court under section 10(17).