DOB Requires Reinstatement Fees for Lapsed Applications and Permits

By Katherine Baerga

Have your permits expired? Do you have an application languishing in DOB NOW? Have plan amendments changed the scope of an application? For projects filed in the Building Information System (BIS), reactivating abandoned applications or expired applications and permits requires re-filing or paying reinstatement fees to the New York City Department of Buildings (DOB). Projects with plan amendments that change the application scope may be required to re-file.

Abandoned Applications

The DOB considers a permit application or an application for approval of construction documents “abandoned” 12 months after the submission date if no action has been taken after receiving plan examiner objections. In addition, an application for approval of construction documents may be declared “abandoned” if an applicant does not take corrective action within 90 days of receiving DOB notice that the application is incomplete.

• Abandoned applications (approved or disapproved) with no code or zoning changes since the application filing date must pay the full filing fee in effect on the date of reinstatement.
• Abandoned applications (approved or disapproved) with code or zoning changes since the filing date must refile the job application and pay the full filing fee.

Expired Permits

Permits expire 12 months after issuance, whether or not work begins on a project.

• If work has not started within 1 year, the applicant must pay the full filing fee in effect at the time of reinstatement.
• If work has started but is suspended or abandoned for 1 year, the applicant must pay a percentage of the current filing fee equal to the percentage of work remaining, plus the renewal fee.
• If work is complete without sign-offs and the permit expired more than 2 years ago, applicants pay a $130 reinstatement fee.
• If the permit expired more than 2 years ago and code or zoning changes have occurred since its issuance, applicants must re-file the application and pay the full filing fee.

Amended Plans with Change in Scope

If plan amendments substantially change the scope of work in an application, DOB may require a new application and payment of the associated filing fees. The DOB may allow applicants to continue working under the original application for administrative purposes if all the associated fees for the proposed scope of work are paid.

Extensions at Commissioner Discretion

The DOB commissioner may elect to grant 12-month extensions for permit applications and applications for construction document approval.

If you have any questions or need assistance, please contact Metropolis Group at 212.233.6344.