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What is NYC BC § 3309.5?

Quick Answer

This section outlines the responsibilities for underpinning or alternate support methods needed to protect adjacent properties during construction, demolition, or excavation. The person causing the work is responsible for these measures unless they lack the necessary license, in which case the duty falls to the adjacent property owner. Applies to property owners involved in construction activities affecting neighboring buildings.

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

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3309.5 Underpinning or alternate methods of support of buildings and adjacent property.

BC § 3309.5

Whenever underpinning or an alternate method of support of buildings and adjacent property is required to preserve and protect an adjacent property from construction, demolition, or excavation work, the person who causes such work shall, at his or her own expense, underpin or otherwise support the adjacent building and property provided such person is afforded a license in accordance with the requirements of Section 3309.2 to enter and inspect the adjoining buildings and property, and to perform such work thereon as may be necessary for such purpose. If the person who causes the construction, demolition, or excavation work is not afforded a license, such duty to preserve and protect the adjacent property shall devolve to the owner of the adjoining property, who shall be afforded a similar license with respect to the property where the construction, demolition, or excavation is to be performed.

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