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Frequently Asked Questions (FAQ)

In general, work that is not considered an ordinary repair, minor alteration, or specifically exempt work must be filed with the New York City Department of Buildings.

Certain exemptions under 1 RCNY §101-14 allow limited work, including some repairs and removal of certain non-load-bearing, non-fire-rated partitions, provided specific conditions are met. If the work affects structural or fire-rated construction, egress, accessibility, or other regulated building systems, a permit may be required.

Examples where filing may be required include:

  • Construction and demolition of wall partitions exceeding 45 SF or 50% of a wall.
  • Plumbing work, including new shut-off valves, relocated fixtures, or new drains.
  • Dropped ceilings, soffits, and suspended ceiling systems.
  • Installation of a new HVAC or split system.
  • Apartment combinations or separations.
  • Interior stairs between floors

When filing is required, plans must be prepared and filed by a Registered Architect or Professional Engineer.

Approval times vary depending on the type and complexity of the application and the DOB review process.

Alteration applications that do not involve a change in use, occupancy, or egress may be approved relatively quickly, particularly when filed through an applicable professional certification or streamlined review process.

Applications involving a change of use, occupancy, egress, enlargement, or Certificate of Occupancy generally require a more extensive review and may take significantly longer.

Actual review times vary depending on the scope of work, objections, required approvals, and DOB workload.

For a typical apartment renovation involving partitions, plumbing, and electrical work, you would generally be looking at DOB construction, plumbing, and electrical inspections, plus any special inspections required by the approved plans.

The type of sign-off varies depending on the type of application.

For Alteration/Directive 14 applications that do not require a new or amended Certificate of Occupancy, the architect or engineer may perform the final construction inspection and obtain a Letter of Completion, along with required trade sign-offs.

For applications requiring a new or amended Certificate of Occupancy, DOB performs the final construction inspection. Once all required inspections and sign-offs are completed, DOB issues the Certificate of Occupancy.

Bedrooms are generally considered habitable rooms and must meet NYC requirements for natural light and ventilation. Under the 2022 NYC Building Code, required natural light generally requires an area equal to at least 10% of the room’s floor area. Ventilation requirements are separate and may be satisfied through operable windows or other permitted means, depending on the building and occupancy.

An “L”-shaped living room can be divided to create an additional room that may be used as a bedroom, but involves a set of rules and regulations to ensure that the new bedroom is a legal, habitable dwelling. This is generally accomplished by filing a DOB application for the proposed new partitions. The new room must comply with all applicable Building Code and Multiple Dwelling Law requirements, including, as applicable:

a. Minimum room size and dimensions. The room must generally have a minimum area of 80 square feet and minimum dimensions of eight feet in width, length, and ceiling height, subject to applicable exceptions.

b. Natural light and ventilation. The room must have a window or other code-compliant source of natural light and ventilation with an area equal to 10% of the area of the room, and the window must be 50% operable.

c. Heat. The room must be provided with required heat in accordance with the applicable Building Code and Multiple Dwelling Law requirements.

d. Accessibility. Where Chapter 11 of the 2022 NYC Building Code applies to the alteration, the new room and its means of access must comply with the applicable accessibility provisions. This may include requirements concerning the clear width of the doorway and accessible route.

Contractors must provide the insurance and other documentation required for the specific DOB permit and type of work. Workers’ compensation and disability benefits coverage are required when applicable, and contractors commonly carry general liability insurance.

Certain work involving the NYC Department of Transportation or public property may also require additional insurance, bonds, or other financial guarantees.

Chapter 11 of the 2022 NYCBC accessibility requirements are based on the building’s occupancy, configuration, number of dwelling units, elevator service, scope of work, and other applicable code provisions—not simply on the form of ownership. Accordingly, a privately owned cooperative or condominium containing multiple dwelling units is not exempt from applicable Chapter 11 accessibility requirements merely because of its ownership structure.

The ADA, American Disabilities Act, is for commercial/public accommodations; ordinary, private residential apartments generally are not subject to ADA accessibility requirements, simply because they are residential.

Chapter 11 of the 2022 NYCBC is a residential adaptability law that provides detailed requirements for things such as clearances, doorways, maneuvering space, bathrooms, ramps, and accessible fixtures.

Both laws govern and refer to ANSI standards to follow.

In short, yes. Any multiple-dwelling unit must meet specific requirements for accessible bathrooms, even if they are private residences (see BC §1107.2.2). There are two types of requirements set forth; Type A and Type B:

Type A bathrooms provide a higher level of accessibility, including required clearances and turning space. Type B bathrooms have more limited requirements, including accessible routes, fixture clearances, operable parts, and provisions for future grab bars and shower seats. Generally, all bathrooms must comply with Type B accessibility requirements. However, if at least one bathroom is designed to meet the Type A requirements, the other bathrooms in the same unit may follow a more limited set of accessibility requirements.

This approach gives designers flexibility when a dwelling unit has more than one bathroom.

No. ANSI/ICC A117.1 does not require lever handles on every door. It requires accessible door hardware to be operable with one hand and without tight grasping, pinching, or twisting of the wrist. A lever is one common way to meet that requirement, but other compliant hardware can be used.

Chapter 11 of the 2022 NYCBC requires full compliance with ANSI. Doors much be at least 2’10” in order to maintain the 32″ clearance required for a wheelchair. In addition, certain clearances are required for approaches to doors. Closet doors and pocket doors can be 2’8″.

In many cases, combining two or more apartments does not require a new or amended Certificate of Occupancy.

Under DOB TPPN 3/97, apartments may generally be combined when the number of dwelling units is not increased, the work does not increase building bulk or alter required egress, and the other conditions of the policy are met.

If the combination qualifies, the work can generally be filed as an Alteration Type 2, with a Letter of Completion confirming that a new or amended Certificate of Occupancy is not required.

If the conditions are not met, a new or amended Certificate of Occupancy may be required.

Under the New York State Multiple Dwelling Law, a cooking space 80 square feet or larger is considered a kitchen, while a space under 80 square feet is a kitchenette.

Kitchens must meet applicable natural ventilation requirements. Kitchenettes have several permitted ventilation options, including natural ventilation or mechanical ventilation, subject to specific code requirements. The dwelling unit must also meet applicable light and air requirements.

The Landmarks Preservation Commission (LPC) regulates work on individual landmarks and buildings in historic districts. Most exterior alterations require LPC approval, and certain interior work also requires approval, particularly when it requires a DOB permit or affects the exterior.

A Permit for Minor Work (PMW) is generally used for qualifying minor exterior work that does not require a DOB permit, such as certain window, door, masonry, and similar repairs. Other projects may require a Certificate of No Effect (CNE) or Certificate of Appropriateness (C of A), depending on the scope of work.

A Certificate of Compliance (CoC) is generally required to ensure the safety and operation of machinery in a building. This includes AC units.

Most HVAC equipment requires a DOB permit before installation or operation, unless specifically exempt under 1 RCNY §101-14.

A packaged air-conditioning unit of 3 tons or less may be exempt when installed in an existing window or wall sleeve and other exemption conditions are met.

Split systems under 3 tons are not automatically exempt. Their permit requirements depend on the specific installation and applicable exemptions.

The New York City Building Code does not permit exhaust ducts to terminate in exterior walls if they are within 10 feet of a residential window.

NYC Mechanical Code requirements limit where exhaust ducts can terminate on exterior walls. The required separation from windows and other openings depends on the type of exhaust system and occupancy.

For a multiple dwelling, current Multiple Dwelling Law §34 actually allows a cellar or basement apartment to be used for living purposes only when specific conditions are met, including zoning compliance, Multiple Dwelling Law, Building Code, and Housing Maintenance Code requirements for light and air, ceiling height, egress, fire safety, and waterproofing.

The building’s existing Certificate of Occupancy and the legal classification of the space as a cellar or basement must also be reviewed.

An architect should evaluate these conditions before determining whether the conversion is permitted.

Asbestos is most commonly associated with buildings constructed before 1987. NYC generally exempts buildings constructed after 1987 from DEP asbestos certification requirements, subject to specific conditions.

Many DOB applications require an asbestos investigation before work begins. A DEP-certified Asbestos Investigator determines whether asbestos-containing material may be disturbed by the proposed work and prepares the required report or filing.

Certain limited projects and conditions are exempt. The asbestos review is based on the scope and location of the proposed work, not simply on whether asbestos is known to exist in the building.

Under the 2022 NYC Building Code, combustible materials, including wood, are permitted in certain interior nonbearing partitions, particularly where the partition is not required to be fire-resistance rated or where the permitted wood assembly meets the applicable rating requirements. 

For a typical apartment renovation, you can use wood studs for interior partitions, provided the partition complies with the required fire rating, corridor/egress requirements, and other applicable code provisions.

A commercial kitchen and dining area are treated as separate occupancies under the NYC Building Code. However, a fire-rated separation is not always required. An open kitchen may be permitted when the required exhaust, draft curtain, and sprinkler/fire-protection provisions are provided.

If those conditions are not met, a 1-hour or 2-hour fire separation may be required, depending on the sprinkler protection. A 1-hour or 2-hour fire separation is a wall, floor, or other assembly that has been tested and approved to resist the passage of fire for at least one or two hours.