How Violations and Filings Affect Upcoming Construction

By Joseph Bastone

The New York City Construction Codes require all property owners in the five boroughs to build and maintain their properties in safe condition. For your building to be in complete compliance, you must assess the property for any open violations or filings before starting any construction.

Open violations can also prevent you from selling or refinancing your home or property. Many property owners may not know their building has received a violation, but that does not excuse the property from remedying the infraction. Failure to address these violations quickly can result in additional fines or penalty costs.

The NYC Construction Codes require property owners to legally file any alterations or changes made to the structure, electrical, or plumbing systems, as well as the construction of new structures. Such filings require the services of a licensed architect, engineer, or contractor—and sometimes all three—to remedy.

Violation Types & Correction

Several types of violations can be issued to your property from various agencies, including:

Environmental Control Board (OATH)
Fire Department of New York (FDNY)
Department of Environmental Protection (DEP)
Department of Buildings (DOB)

OATH violations are issued in three categories:

Class 1 – Immediately hazardous
Class 2 – Major
Class 3 – Lesser

Any OATH violation requires immediate correction. In addition, property owners must submit a notification of correction to the DOB’s Administrative Enforcement Unit (AEU). In some cases, owners must also attend a hearing. Any fines or penalties need to be paid in full.

Both OATH violations and DOB violations are public information and can be accessed and identified online through the New York City Buildings Information System (BIS).

Violation Impact on Construction Schedules

To complete your building’s upcoming construction in the desired timeframe, all violations or filings must be assessed before any scheduling or planning begins. If violations are not addressed, the entire project will cost significantly more money and take much longer than originally anticipated. Keeping your property in complete building compliance alleviates the unwanted stress and inevitable delays of a property with numerous violations.

Attempting to resolve violations in-house can often result in a delayed construction timeline. Common errors include submission of the wrong forms or incorrect submissions. When a big project is underway, timing is extremely important. Compliance experts identify and correct filing errors before submission to avoid delays and additional charges.

If your building needs a Compliance Analysis Report—which outlines any violations, open applications, filings, etc.—contact CBC Group, a division of Metropolis Group, at 212.710.1244. We will assess your property and provide all information needed to bring your building into compliance.