NYC Administrative Code

§ 28-105.4 — § 28-105.4 Work exempt from permit.

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

What is NYC AC § 28-105.4?

Quick Answer

This section outlines the types of work that are exempt from permit requirements under the NYC construction code. It specifies categories such as emergency work, minor alterations, and certain utility work, while emphasizing that compliance with other laws and regulations remains mandatory. Applies to building owners undertaking specific types of work without permits.

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 →

Overview

This section provides important exemptions to the general permit requirement established in 28-105.1. Understanding these exemptions is crucial for property owners and contractors to avoid unnecessary permit applications while ensuring compliance.

§ 28-105.4 § 28-105.4 Work exempt from permit.

AC § 28-105.4

Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code, the zoning resolution or any other law or rules enforced by the department. Such exemptions shall not relieve any owner of the obligation to comply with the requirements of or file with other city agencies. Unless otherwise indicated, permits shall not be required for the following:

1.Emergency work, as set forth in section 28-105.4.1.

2.Minor alterations and ordinary repairs, as described in section 28-105.4.2.

3.Certain work performed by a public utility company or public utility corporation, as set forth in section 28-105.4.3.

4.Ordinary plumbing work, as set forth in section 28-105.4.4.

5.Permits for the installation of certain signs, as set forth in section 28-105.4.5.

6.Geotechnical investigations, as set forth in section 28-105.4.6.

7.The installation, alteration or removal of alternative automatic fire extinguishing systems, including but not limited to fire extinguishing systems for commercial cooking equipment, subject to the approval of the fire department in accordance with section 105 of the New York city fire code.

8.The installation, alteration or removal of fire alarm systems, emergency alarm systems and fire department in-building auxiliary radio communication systems, subject to the approval of the fire department in accordance with the requirements of this code. Such work shall be submitted in accordance with the rules and regulations of the fire department.

9.Other categories of work as described in department rules, consistent with public safety.

General Advice

Even if work appears to be exempt, it's advisable to consult with DOB or a qualified professional to confirm exemption status. The line between exempt and non-exempt work can be complex and varies by circumstance.

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 often misunderstood by property owners. Attorneys should carefully review the specific language of each exemption when defending permit violations, as DOB interpretations can be strict.

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) Review exemption language carefully 2) Document exempt work with photos 3) Keep records of materials and scope 4) When in doubt, apply for a permit 5) Understand that exemptions may not apply to all building types

Reference Cases

DOB v. Contractor (2023)

Case where contractor claimed exemption for work that exceeded exemption limits.

View Case

Common Violation Patterns

Exceeding exemption limits

Performing work that goes beyond the scope or value limits of the exemption

Misunderstanding exemption conditions

Failing to meet specific conditions required for the exemption to apply

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. 2024/12828-105.4.128-105.4.228-105.4.328-105.4.428-105.4.528-105.4.6105L.L. 2018/195L.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. 2018/195 and L.L. 2024/128.

Our team

Meet the people you will work with

TI

Tiffany Irizarry

Legal Coordinator

OATH / DOB
TI

Tiffany Irizarry

Legal Coordinator

OATH / DOB

Free case review

Have a matter that touches § 28-105.4?

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

reception@nacmiaslaw.com

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