1. To legalize an apartment combination you must file a new application at the Building Department. Since 1997 we have been able to file Type 2 applications that do not affect a Certificate of Occupancy, but rather results in a Letter for Completion.
2. The apartments that are being combined must not be on more than two connecting floors and must have a kitchen removed and gas capped.
3. Architectural plans must be drawn to show the original and new condition.
4. The Plans must be approved by the Coop or Condo Board
5. An Asbestos investigator must be hired to determine if there is asbestos present. If there is asbestos, it must be removed prior to permit. If there is no asbestos they will issues an ACP-5, NO Asbestos Report.
6. Prior to the plans being filed we need to prepare the proper forms. In order to prepare the forms we need the Ownership and cost information. Specifically who will sign the Building Department applications. The cost will need to be the fair market price at time of filing.
7. Once we prepare the forms, we will request a check payable to the New York City Department of Buildings for the filing fee. An addition check will be needed for $165 also payable the New York City Department of Buildings for a document handling fee.
8. In filing a legalization, we need to know if the work was done prior to or after 1987. Work prior to 1987 does not trigger a legalization penalty. In order to prove when the work was done, we would need a copy of the original signed contract and canceled checks. Legalization prior to 1987 does not require open walls for a plumbing roughing inspection.
9. If we file as a legalization, a 21X filing fee penalty is required. Since the Building Department fee is 1% of construction, this is essentially 21% of construction cost. Construction cost is based upon fair market value of the work at the time of filing, not when it was done. The minimum penalty is now $6000, and maximum is $15,000.
10. If the Building is in a Landmark District, it must be filed with the Landmark Preservation Commission prior to approval by the Building Department.
11. Once filed at the Building Department, the approval time varies from one day to three months depending on how it is filed and what issues arise that must be clarified, corrected and resolved.
12. After approval, a General Contractor must pull a Permit. Sometimes multiple permits are required for architectural an mechanical work.
13. A Licensed Plumber must also pull a permit to show all plumbing work contained on the plans. At a minimum the gas must be capped off in one kitchen. A rough and final inspection is required to be conducted by the plumber. In order for us to sign off an application, the plumbing must pass inspection and be signed off in the computer system. This is indicated in the BIS system by an “X” next to the plumbing work type.
14. After the plumbing is signed off, the Architect will conduct a final inspection. Progress and Special Inspections reports (TR-1 and TR-8) will be prepared , signed and filed.
15. A final cost affidavit (PW-3) will be prepared and signed by the owner and filed with the Building Department.
16. A request for a letter of completion (PW-7) will be submitted.
17. Once all documents are accepted by the Building Department, A Letter of Completion will be issued and the job is complete.