NYC Administrative Code

§ 28-104.2.3 — Time limitation of application.

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What is NYC AC § 28-104.2.3?

Quick Answer

This section establishes that an application for approval of construction documents is considered abandoned 12 months after submission unless diligently pursued or a permit is issued. The commissioner may grant extensions for reasonable cause. Applies to building owners submitting construction applications to the Department of Buildings.

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

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§ 28-104.2.3 Time limitation of application.

AC § 28-104.2.3

An application for approval of construction documents shall be deemed to have been abandoned 12 months after the date of its submission, unless such application has been diligently prosecuted after rejection in whole or in part, or unless a permit shall have been issued pursuant to this code, except that the commissioner may upon application, for reasonable cause, grant extensions of time for additional 12-month periods, including for reasons such as the diligent prosecution of related applications at other agencies, including but not limited to, the board of standards and appeals, the city planning commission, the landmarks preservation commission and the department of environmental protection. Any such extension shall not serve to avoid compliance with section 28-104.2.4 with respect to any subsequent laws and rules in effect at the time of issuance of the associated work permit or place of assembly certificate of operation. Exception: Where, subsequent to the filing of an application, the department determines that such application is incomplete and the department has notified the applicant that the application is incomplete, the commissioner may deem such application abandoned after 90 days from the date of such notification. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

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