When a neighbor excavates or builds next to your property in New York City, the Building Code requires their team to protect your building (BC 3309). Grant Engineering reviews their plans on your behalf, tells you where the risks are, and works with your attorney so the access agreement covers them.
We represent the owners of homes, apartment buildings and commercial properties across the five boroughs.
What to request from the developer
Ask for the full plan set, including:
Architectural drawings, including elevations and sections at your lot line
Structural and foundation drawings
Support of excavation and underpinning drawings
The geotechnical report
The site safety plan and construction logistics plan
Roof and overhead protection drawings for your building
The construction monitoring plan
The pre-construction survey of your building
A survey showing the lot lines
The construction schedule
Evidence of insurance
What we review
Excavation and foundations: how the excavation, foundations and any underpinning affect your building
Lot line conditions: encroachments, party walls, lot-line windows, permanent weatherproofing where the new building meets yours, and chimneys, flues or vents that the new building will block or rise above
Roof protection: how your roof, skylights, roof outlets and equipment will be protected
Air space over your property: overhead protection, and cranes, hoists, scaffolds and netting that swing or project over your lot
The pre-construction survey of your building
The monitoring plan: where the monitors go, the limits, and who receives the alerts
What you receive
A Key Findings report, signed by a Professional Engineer, listing what the developer's documents cover, what is missing, and what we recommend you require
Written comments your attorney can use in negotiating the access agreement
Review of revised drawings and monitoring reports as the work proceeds, as needed
An engineer on your side when the lot next door is developed
Common questions
My neighbor is about to excavate. What should I do first?
Ask the developer for the full plan set listed above, and do not sign an access agreement until an engineer has reviewed it. If you have an attorney, we coordinate with them directly. If you do not, we can recommend one of the many fine attorneys we work with regularly.
Does the developer need my permission?
To enter your property or do work on it, yes. The Building Code requires a license from the adjoining owner. If the two sides cannot agree, the developer can ask a court for one under Section 881 of the Real Property Actions and Proceedings Law.
Who pays for the review?
Access agreements typically provide for reimbursement of the neighbor's professional fees, and Section 881, as amended in December 2025, allows a court to require it. Your attorney can confirm what applies to your agreement.
Can you also monitor my building during construction?
Yes. The developer normally provides the monitoring, and we review their plan and their reports. If you want your own independent readings, we can install and run monitors for you.
Code references
NYC Building Code Chapter 33, Section 3309, Protection of Adjoining Property. Chapter 18, Section 1817. New York Real Property Actions and Proceedings Law § 881.