Permits
We often get asked by clients, "Do I really need a permit to do the work I am proposing?". Although the answer is not always clear, the answer is most often "yes".
The following presents, the relevant sections on the New York City Building Code regarding permits. It also discusses and links to Operations Policy and Procedure Notice 1/93 which impose penalties for working without a permit, and finally links to Technical Policy and Procedure Notice 1/95 and Rules and Regulations Chapter 44, which list specific exemptions for filing
When is a Permit needed:
27-147 (26-109.1) WHEN PERMITS REQUIRED.
No building construction or alteration work, foundation or earthwork, demolition or removal work, or plumbing work shall be commenced, and no signs or service equipment of the types listed in articles 16 and 17 of this subchapter shall be erected, installed, altered, repaired, or used, nor shall any service equipment of the types listed in article 18 of this subchapter be used or operated, unless and until a written permit therefore shall have been issued by the commissioner. The provisions of this section shall not apply, however, to minor alterations and ordinary repairs, as defined and delineated in article 5 of this subchapter or to work or equipment exempted from permit requirements under the provisions of sections 27-176, 27-179, 27-184 and 27-189 of this subchapter.
When is a Permit not needed
The question is often asked, "when is not necessary to file plans and obtain a permit". Although it is not a clear topic, the Building Code and several memorandum issued by the Building Department address this issue.
In general, "Ordinary Repairs" do not require a Building Permit. The follow is the definition of ordinary repairs"
27-125 (26-104.2) ORDINARY REPAIRS.
For the purposes of this code, the term "ordinary repairs" shall mean replacements or renewals of existing work in a building, or of parts of the service equipment therein, with the same or equivalent materials or equipment parts, that are made in the ordinary course of maintenance and that do not in any way affect health or the fire or structural safety of the building or the safe use and operation of the service equipment therein. Ordinary repairs shall not include any of the work described or referred to in section 27-126 of this article, or any other work for which a permit is required under the provisions of articles 10 through 17 of this subchapter.
27-126 (26-104.3) WORK NOT CONSTITUTING MINOR ALTERATIONS OR ORDINARY REPAIRS.
For the purposes of this code, minor alterations or ordinary repairs shall not include the cutting away of any wall, floor, or roof construction, or any portion thereof; or the removal, cutting, or modification of any beams or structural supports; or the removal, change, or closing of any required means of egress; or the rearrangement or relocation of any parts of the building affecting loading or exit requirements, or light, heat, ventilation, or elevator requirements; nor shall minor alterations or ordinary repairs include additions to, alterations of, or rearrangement, relocation or removal of any standpipe or sprinkler piping, water distribution piping, house sewer, private sewer, or drainage system, including leaders, or any soil, waste or vent pipe, or any gas distribution system , or any other work affecting health or the fire or structural safety of the building.
Work without a permit
Although it is time consuming and costly to file architectural plans with the Building Department. It is more costly to get caught building without a permit. If an inspector finds work being done without a permit, a violation and a "stop work order" is issued.
LL 58/87 imposes fines for work done without obtaining a permit. Operations Policy and Procedure Notice 1/93 clarifies the procedure and costs associated with violations that are issued for work without a permit. In addition to paying a penalty of up to 10 times the cost of filing a job, additional penalties are imposed by the Environmental Control Board (ECB). Legal representation and additional expediting time are required to resolve violations related to "stop work orders" and issuing "certificates of correction".
Exemptions from Filing Requirements
The Building Department issues "Rules and Regulations". " Chapter 44 Exemptions from Filing Requirements list exemptions that apply to one and two family homes and multiple dwellings.