Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC BC § 1809.3.2?

Quick Answer

This section prohibits shallow foundations from bearing on frozen soil, with an exception for temporary structures that maintain the soil in a frozen state throughout their service life. The method for maintaining the frozen condition must receive approval from the commissioner. Applies to building owners and developers involved in construction.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

1809.3.2 Foundations on frozen soil.

BC § 1809.3.2

Shallow foundations shall not bear on frozen soil. Exception: Temporary structures may bear on frozen soil if the soil is maintained in a frozen condition throughout the service life of the temporary structures being supported. The method of maintaining the soil in a frozen condition shall be approved by the commissioner.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 1809.3.2?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters