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What is NYC AC § 28-105.1?

Quick Answer

This section establishes that it is unlawful to undertake various construction activities, including alterations, repairs, and changes in occupancy, without a written permit issued by the commissioner. The statute outlines the necessity for permits in accordance with the code, affecting building owners and operators engaging in construction work.

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

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Overview

This section establishes the fundamental requirement for building permits in New York City. It serves as the cornerstone of the city's construction code enforcement, requiring permits for most construction, alteration, and demolition activities.

§ 28-105.1 General.

AC § 28-105.1

It shall be unlawful to construct, enlarge, alter, repair, move, demolish, remove or change the use or occupancy of any building or structure in the city, to change the use or occupancy of an open lot or portion thereof, or to erect, install, alter, repair, or use or operate any sign or service equipment in or in connection therewith, or to erect, install, alter, repair, remove, convert or replace any electrical, gas, mechanical, plumbing, fire suppression or fire protection system in or in connection therewith or to cause any such work to be done unless and until a written permit therefor shall have been issued by the commissioner in accordance with the requirements of this code, subject to such exceptions and exemptions as may be provided in section 28-105.4. (L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2024/128, 12/21/2024, eff. 12/21/2025) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126 and L.L. 2024/128.

General Advice

Property owners and contractors should always verify permit requirements before beginning any work. Even minor alterations may require permits, and proceeding without proper authorization can result in stop work orders, fines, and legal complications.

Disclaimer: This information is for general informational purposes only and does not constitute legal advice. For specific legal guidance regarding your situation, please consult with a qualified attorney.

Practice Notes

This section is frequently cited in DOB violations and OATH hearings. Attorneys should review the specific exemptions in section 28-105.4 when defending clients accused of working without permits.

Attorney Note: These practice notes are provided for informational purposes only and should not be relied upon as legal advice. Always verify current law and consult with qualified counsel for specific legal matters.

Compliance Tips

1) Check with DOB before starting any work 2) Understand the difference between permit-required and exempt work 3) Keep all permit documentation on-site 4) Ensure work matches approved plans 5) Schedule required inspections promptly

Common Violation Patterns

Working without a permit

Most common violation - beginning construction without obtaining required DOB permits

Work beyond permit scope

Performing work that exceeds what was approved in the permit application

Failure to post permit

Not displaying the permit conspicuously at the work site as required

Common Questions

Related Sections

New York City OverviewThe New York City CharterNEW YORK CITY CHARTERThe New York City Administrative CodeNEW YORK CITY ADMINISTRATIVE CODETitle 1: General ProvisionsTitle 2: City of New YorkTitle 3: Elected officialsTitle 4: Property of the CityTitle 5: Budget; Capital ProjectsTitle 6: Contracts, Purchases and FranchisesTitle 7: Legal AffairsTitle 8: Civil RightsTitle 9: Criminal JusticeTitle 10: Public SafetyTitle 11: Taxation and FinanceTitle 12: Personnel and LaborTitle 13: Retirement and PensionsTitle 14: PoliceTitle 15: Fire Prevention and ControlTitle 16: SanitationTitle 16-A: [Commercial Waste Removal]Title 16-B: Commercial Waste ZonesTitle 17: HealthTitle 18: ParksTitle 19: TransportationTitle 20: Consumer and Worker ProtectionTitle 20-A: [Shipboard Gambling]Title 21: Social ServicesTitle 21-A: EducationTitle 22: Economic AffairsTitle 23: CommunicationsTitle 24: Environmental Protection and UtilitiesTitle 25: Land UseTitle 26: Housing and BuildingsTitle 27: Construction and MaintenanceTitle 28: New York City Construction CodesTitle 29: New York City Fire CodeTitle 30: Emergency ManagementTitle 31: Department of Veterans' ServicesTitle 32: Labor and EmploymentTitle 33: InvestigationsTitle 34: Racial EquityAppendix A: Unconsolidated Local LawsThe Rules of the City of New YorkTHE RULES OF THE CITY OF NEW YORKTitle 1: Department of BuildingsTitle 2: Board of Standards and AppealsTitle 3: Fire DepartmentTitle 6: Department of Consumer and Worker ProtectionTitle 9: Procurement Policy Board RulesTitle 12: Franchise and Concession Review CommitteeTitle 15: Department of Environmental ProtectionTitle 16: Department of SanitationTitle 17: Business Integrity CommissionTitle 19: Department of FinanceTitle 20: Tax Appeals TribunalTitle 21: Tax CommissionTitle 22: Banking CommissionTitle 24: Department of Health and Mental HygieneTitle 25: Department of Mental Health and Retardation [Repealed]Title 28: Housing Preservation and DevelopmentTitle 29: Loft BoardTitle 30: Rent Guidelines BoardTitle 31: Mayor's Office of Homelessness and Single Room OccupancyTitle 34: Department of TransportationTitle 35: Taxi and Limousine CommissionTitle 38: Police DepartmentTitle 38-A: Civilian Complaint Review BoardTitle 39: Department of CorrectionTitle 40: Board of CorrectionTitle 41: Department of Juvenile JusticeTitle 42: Department of ProbationTitle 43: MayorTitle 44: ComptrollerTitle 45: Borough PresidentsTitle 46: Law DepartmentTitle 47: Commission on Human RightsTitle 48: Office of Administrative Trials and Hearings (OATH)Title 49: Department of Records and Information ServicesTitle 50: Community Assistance UnitTitle 51: City ClerkTitle 52: Campaign Finance Board*Title 53: Conflicts of Interest BoardTitle 55: Department of Citywide Administrative ServicesTitle 56: Department of Parks and RecreationTitle 57: Art CommissionTitle 58: Department of Cultural AffairsTitle 60: Civil Service CommissionTitle 61: Office of Collective BargainingTitle 62: City PlanningTitle 63: Landmarks Preservation CommissionTitle 66: Department of Small Business ServicesTitle 67: Department of Information Technology and TelecommunicationsTitle 68: Human Resources AdministrationTitle 69: Department of AgingTitle 70: In Rem Foreclosure Release BoardTitle 71: Voter Assistance CommissionTitle 72: Office of Emergency ManagementTitle 73: Civic Engagement CommissionTitle 74: Community HiringNew York CityThe New York City Administrative CodeL.L. 2024/12828-105.4L.L. 2021/126L.L. 2024/128Previous DocNext Doc

Legislative History

Editor's note: this section has been amended by L.L. 2024/128, 12/21/2024, eff. 12/21/2025. For related unconsolidated provisions, see Appendix A at L.L. 2024/128.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126 and L.L. 2024/128.

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