What you need to know about NYC building permit laws when you plan your renovation
Acquiring the proper permits can take several months.
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Along with vetting your chosen contractor and defining your scope of work, there are few tasks more important at the start of a home renovation than learning whether or not you’ll need a permit (or two, or three).
Building permit laws vary from state to state, but one thing is guaranteed: Acquiring your permits will be a complex and potentially dull process. Be prepared for the process to take months, and require extensive research on the types of permits, the materials needed to apply for them (e.g., certain drawings, energy calculations), and the filing fees. Remember submitting your school or college application? Now you get the idea.
So it’s worth asking: Why subject yourself to this hassle and frustration? Would it really be so bad to just pretend those pesky laws don’t exist (and hope that no one notices)?
Yes—it would. Why? Because doing so could lead to fines, massive costs such as having your new kitchen or addition ripped up, and possibly (depending on which state you’re in) even civil penalties.
In other words: It makes no sense to not get a permit.
Why do permits exist?
As it turns out, permits are required by law for a reason: Permits are a crucial tool for maintaining public health and safety by requiring that any construction work be done according to code—a code that was created to keep your house from falling down, and people from getting hurt.
When are permits necessary?
In New York City, if you’re doing a project that involves any plumbing, pointing (refinishing brick work), electrical work, home extensions, or swimming pools, you absolutely must get a permit. Permits are not required for cosmetic work (painting, plastering, flooring, replacing fixtures or a sink).
You can ask your contractor whether the work requires a permit, but it’s important to do the research yourself to determine what permits you need, and that they all get acquired. Remember, in New York, if your contractor fails to get the right permit, it’s you that gets fined—not the contractor.
If you’re really stumped as to whether something needs a permit, ask a registered engineer or architect for their opinion. If there’s any gray area, don’t listen to people that say, “Oh, I’ve never had to get a permit for work like this,” because that doesn’t mean one isn’t required. Even putting in a toilet or putting up a fence may require a permit.
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How will the authorities really know if I don’t have the right permits?
After all, the Department of Buildings doesn’t have armies of staffers inspecting every home in a 10-mile radius. Unfortunately (or fortunately, depending on how you look at it), one group of people will definitely know you’re remodeling: your neighbors. And a phone call is all it takes to alert the DOB. Plus, if you live in an apartment building, the condo or co-op board will be watching closely. And if you’re in a brownstone, anyone walking down the street could notice 1) that renovations are being done; and 2) that no permits are posted. The risks are simply too high.
Even if you do get away with cheating the permit system, you’ll have to pay up once you decide to sell. A buyer’s attorney will notice any still-open permit, and an inspector could make you rip out insulation or plumbing. If the work is deemed illegal, you’ll have to correct it before selling the home.
Plus, for condo or co-op dwellers, you could wind up with continuing liability issues long after your project is finished. If the work done in your unit causes problems in someone else’s home down the line, and you never got the proper permits, you could even wind up being sued.
When you take all of this into consideration, one thing becomes clear: you should get the right permits. And once your beautiful renovation is finished, be sure not to leave any permits open. Typically, the department of buildings will require that your work be inspected by a licensed inspector, who will close the permit if everything looks good to go.
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