Cycle 3 Retaining Wall Reports Due for the Bronx by December 31
By Andrew Pisani
New York City requires periodic inspection of all retaining walls at least ten feet high that front a public right-of-way. Property owners must hire a New York State-licensed professional designated as a Qualified Retaining Wall Inspector (QRWI) to inspect these structures at least once every five years and file a report with the Department of Buildings (DOB) based on the schedule in 1 RCNY §103-09.
Inspection Cycle 3 started on January 1, 2024, and concludes on December 31, 2028. Property owners in the Bronx must file their reports by December 31, 2024.
Retaining Walls Subject to Inspection
The inspection requirement applies to all retaining walls measuring ten feet or higher at any point that face a public right-of-way. Owners that share a retaining wall with one or more neighbors may hire a single QWRI inspector, but each property owner is required to pay the associated filing fees, which are as follows:
- Initial filing – $355.00
- Amended filing – $130.00
- Application to extend repair deadline – $260.00
Retaining Wall Ratings and Correction
Upon inspecting the retaining wall, the QWRI will issue one of four ratings:
- Safe
- Safe with Minor Repairs or Maintenance
- Safe with Repairs and/or Engineering Monitoring
- Unsafe
The QWRI must report all unsafe conditions immediately and submit a Notification of Unsafe Conditions form (RWIP3) to the DOB Retaining Wall Unit within 24 hours. Owners must immediately repair the wall and/or take steps to secure public safety. The QRWI is required to conduct a follow-up inspection within two weeks after the unsafe conditions have been corrected.
For walls rated Safe with Repairs and/or Engineering Monitoring, the QWRI will indicate a time frame within which the owner should complete the repairs. If the repairs will not be completed within the recommended timeframe, the owner must notify DOB and submit an application to extend the repair deadline.
Penalties for Failure to File a Retaining Wall Report
Failure to file a retaining wall report by the December 31 deadline will incur two types of penalties:
- Failure to File. A $1,000 penalty will be assessed each year, starting on January 1 after the deadline and ending when an acceptable report has been filed.
- Late Filing Fee. In addition, owners will incur a monthly $250 fee, which starts on February 1 after the deadline and ends once the report has been filed.
If you have questions or need assistance with filing a retaining wall report, correcting unsafe conditions, or dismissing a retaining wall violation, contact Metropolis Group at 212.233.6344.