A Quick Look at NYC’s Notice Requirement for Adjoining Construction

In 2014 the first significant series of amendments to the 2008 code went into effect.  Chief among amendments was the addition of new section 3309.1.1 (effective 12/31/2014).  It provides as follows:

Where a construction or demolition project will require access to adjoining property in accordance with this section, written notification shall be provided to the adjoining property owner at least 60 calendar days prior to the commencement of work. Such notification shall describe the nature of work, estimated schedule and duration, details of inspections or monitoring to be performed on the adjoining property, protection to be installed on the adjoining property, and contact information for the project. Where no response is received, a second written notification shall be made no more than 45 calendar days, and not less than 30 calendar days, prior to the commencement of work.

In light of this requirement, contractors and developers should carefully plan projects in advance so that the required notices can be sent out in a timely fashion and any required pre-construction events, such as pre-construction surveys and licensing agreements, can be completed.

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