By Andrew Pisani
The New York City Department of Buildings (DOB) published a new exception that may allow professional certifications in mixed-use properties flagged in the Buildings Information System (BIS) under Local Law 158 of 2017.
Local Law 158 of 2017
Since May 30, 2019, per Local Law 158 of 2017, the DOB has restricted professionally certified filings on all buildings with a work without a permit civil penalty issued on or after August 28, 2018, when the law went into effect. Such properties are flagged on the Property Profile with “LL158/17 Pro Cert Restriction” and require full DOB examination of construction applications and related documents. The restriction lasts for one year or until building ownership changes. Until then, applications for plan approval must be filed as a standard plan examination.
The local law initially allowed applicants to submit professionally certified filings if the work without a permit was performed on a section of the building under different ownership than the proposed work. In August 2023, DOB added another exception via Local Law 77 of 2023.
Local Law 77 of 2023
Under Local Law 77 of 2023, mixed-use buildings that have a restriction on professional certification per LL 158/17 do not require full examination by the DOB if the following conditions are met:
- Work without a permit violation is issued to a residential section of the building AND
- Proposed work will be performed on the commercial portion of the building
Requesting an Exception to Professional Certification Restrictions
The process for requesting exceptions to the LL158/17 restriction depends on whether the job has been submitted through the BIS or DOB NOW.
For BIS jobs, applicants must submit a Project Advocate Service Request form to the borough where the proposed work will take place. Applicants need to provide the address of the proposed work, the applicable exception, and any details. The forms and accompanying proof are submitted by email.
For jobs filed in DOB NOW, applicants must include the applicable exception on the PW1 Plan/Work section and upload the required documentation as part of the Job Filing. If the request is denied, DOB will notify the applicant and owner by email, and the application will need to be refiled as a Standard Plan Examination or Review.
If you have any questions or need assistance, please contact Metropolis Group at 212.233.6344.