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What is NYC BC § 3309.4.2?

Quick Answer

This section outlines the responsibilities of individuals causing excavation near party walls, requiring them to preserve and support such walls at their own expense to ensure safety. The statute mandates that if an adjoining party wall is utilized, it must be protected and supported adequately. Applies to property operators involved in excavation activities.

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

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3309.4.2 Support of party walls.

BC § 3309.4.2

Where a party wall will be affected by excavation, regardless of the depth, the person who causes the excavation to be made shall preserve such party wall at his or her own expense so that it shall be, and shall remain, in a safe condition. Where an adjoining party wall is intended to be used by the person causing an excavation to be made, and such party wall is in good condition and sufficient for the uses of the existing and proposed buildings, it shall be the duty of such person to protect such party wall and support it by proper foundations, so that it shall be and remain practically as safe as it was before the excavation was commenced.

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