{"data":{"id":"us-nyc/n.y.c.-admin.-code-bc-106","jurisdiction":"us-nyc","citation":"N.Y.C. Admin. Code § BC 106","heading":"Section BC 106: Permits","body":"106.1 General.\n\nPermits shall comply with this section, with Article 105 of Chapter 1 of Title 28 of the Administrative Code, and with requirements found elsewhere in this code.\n\n106.2 Required.\n\nAny owner or authorized agent who intends to construct, add to, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, add to, alter, repair, remove, convert or replace any gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application for construction document approval in accordance with Chapter 1 of Title 28 of the Administrative Code and this chapter and obtain the required permit.\n\n106.3 Work exempt from permit.\n\nExemptions from permit requirements of this code as authorized in Chapter 1 of Title 28 of the Administrative Code and the rules of the department shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or rules.\n\n106.4 Validity of permit.\n\nThe issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other law. Permits presuming to give authority to violate or cancel the provisions of this code or other law shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the commissioner from requiring the correction of errors in the construction documents and other data. The commissioner is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other law.\n\n106.5 Foundation and earthwork permits.\n\nIn addition to the requirements of Chapter 1 of Title 28 of the Administrative Code and Chapter 33 of this code, applications for foundation and earthwork permits shall include:\n\n1. \n\t\t\t\t\t\t\t\t\t\t\t\t\tNotice to adjoining owners. Proof of notice to adjoining owners as required by Section 3304.3.2.\n\n2. \n\t\t\t\t\t\t\t\t\t\t\t\t\tLiens. Satisfactory evidence that the property is free from any lien for unpaid city taxes, assessments, water rates, bail bonds, or judgments obtained by the city, together with consent in writing of the mortgagee, if there is a mortgage upon the property, and the consent in writing of the surrogate's court or supreme court, if the owner of the property is a minor or incompetent.\n\n106.5.1 Notice to the department of commencement of foundation and earthwork.\n\nThe foundation and earthwork permit shall be issued on the condition that the applicant will provide written notice to the department at least 24 but no more than 48 hours prior to the commencement of the foundation or earthwork as required by Section 3304.3.1.\n\n106.6 Full demolition permits.\n\nIn addition to the requirements of Chapter 1 of Title 28 of the Administrative Code and Chapter 33 of this code, applications for full demolition permits shall include:\n\n1. \n\t\t\t\t\t\t\t\t\t\t\t\t\tUtility certifications. Certifications by the respective utility companies or governmental agencies having jurisdiction that all gas, electric, water, steam and other service lines to the building have been disconnected as required by Section 3303.2.5.\n\n2. \n\t\t\t\t\t\t\t\t\t\t\t\t\tNotice to adjoining owners. Proof of notice to adjoining owners as required by Section 3306.3.2.\n\n3. \n\t\t\t\t\t\t\t\t\t\t\t\t\tCertification of rodent extermination. Certification in accordance with department rules that the building has been treated effectively for rodent extermination as required by Section 3306.9.13.\n\n106.6.1 Notice to department of commencement of demolition work.\n\nThe full demolition permit shall be issued on the condition that the applicant will provide written notice to the department at least 48 hours prior to the commencement of demolition work.\n\n106.7 Sign permits.\n\nIn addition to the requirements of Chapter 1 of Title 28, permits for the erection, alteration or installation of signs shall be subject to the special provisions set forth in Sections 106.7.1 through 106.7.5.\n\n106.7.1 Identification number.\n\nEvery sign permit shall have an identification number.\n\n106.7.2 Changing copy or structural change of sign or sign structure.\n\nThe changing of copy on a sign not permitted for changeable copy or any structural change of the sign or sign structure shall require a new permit pursuant to this code.\n\n106.7.3 Permit does not constitute authorization for illegal sign.\n\nThe issuance of a permit for the erection, alteration or installation of a sign or sign structure issued pursuant to this code shall not be deemed to constitute permission or authorization to maintain a sign that would otherwise be illegal without a maintenance permit for an outdoor sign if required pursuant to this code and department rule or that is otherwise illegal pursuant to any other provision of law nor shall any permit issued hereunder constitute a defense in an action or proceeding with respect to such an unlawful sign.\n\n106.7.4 Name and business address of licensed sign hanger.\n\nThe application shall contain the name and business address of the licensed sign hanger who is to perform or supervise the proposed work.\n\n106.7.5 Outdoor advertising company.\n\nIf the sign or sign location is under the control of an outdoor advertising company, as defined in Chapter 5 of Title 28 of the Administrative Code, the application shall be accompanied by the name and, where provided by rule, the registration number of such outdoor advertising company.\n\n106.8 Temporary construction installation permits.\n\nIn addition to the requirements of Chapter 1 of Title 28, permits for the erection, installation and use of temporary construction installations shall be subject to the special provisions set forth in Sections 106.8.1 through 106.8.3.\n\n106.8.1 Application.\n\nThe need for each specific item of temporary construction installation shall be stated on the application.\n\n106.8.2 Term of permit.\n\nNotwithstanding any other provision of this code, a temporary construction installation permit shall expire 1 year from the date of issuance, or when the permit holder's insurance or street obstruction bond expires, whichever is earlier. Such permit shall be renewable. Such permit must be in effect at all times during which the temporary construction installation is at the work site.\n\nException: Sidewalk shed permits shall be issued for a period of 90 days and may not be renewed until department penalties for sidewalk sheds in the public right-of-way are paid pursuant to Section 28-220.1 of the Administrative Code.\n\n106.8.3 Special provisions for renewal of permit for a sidewalk shed.\n\nAn application for the renewal of a temporary construction installation permit for a sidewalk shed shall be accompanied by a report, in a form and manner acceptable to the department, prepared by a registered design professional who has examined that part of the premises on which the use of a sidewalk shed is associated. Such report shall document the condition of the applicable part of the premises and the scope of work that has been performed thereon since the issuance of the permit and shall provide an estimate of the additional time needed to complete the work. In addition, such report shall document, in a form and manner acceptable to the department, the work that was performed during the period of time since the last renewal of the permit and the work that is currently in progress to address the condition for which the sidewalk shed permit was issued. If work has not been performed since the last renewal of the permit due to financial hardship, inability to access a neighboring property, issues with acquiring necessary materials, or any other reason established pursuant to department rules, such report shall include, in a form and manner acceptable to the department, documentation showing such reason, which the department may accept for purposes of renewing the permit.\n\nException: Reports shall not be required for sidewalk sheds associated with one- or two-family homes or for sidewalk sheds that are installed in connection with new building, enlargement, or demolition work for which a permit has been issued.\n\n106.9 Mandatory sewer and catch basin work required by Section 24-526 of the Administrative Code.\n\nIn addition to the requirements of Chapter 1 of Title 28, an applicant for a permit who is required pursuant to Section 24-526 of the Administrative Code to construct or repair defects in sewers or catch basins that lie outside the property shall submit certification from the Department of Environmental Protection that the applicant or owner has provided the Department of Environmental Protection with:\n\n1. A performance bond or other security satisfactory to the Department of Environmental Protection and approved as to form by the Law Department for the full cost, as estimated by the Department of Environmental Protection, of constructing the part of the storm water drainage system for such property which shall lie outside the property line and repairing defects in such construction, if and as required by Section 24-526 of the Administrative Code;\n\n2. Any license or other written instrument that the Department of Environmental Protection or the Law Department may reasonably request that gives the Department of Environmental Protection, its agents and contractors and the surety for a performance bond described in Item 1 above the legal right to enter private property to perform the work described in Item 1 above, pursuant to the terms of the performance bond or in accordance with the conditions of acceptance of other security described in Item 1 above, and the legal right to connect to, to extend or to discharge storm water into any private sewer authorized as a point of disposal pursuant to Section 24-526 of the Administrative Code, in the event that the owner of property fails to do so, if and as required pursuant to Section 24-526 of the Administrative Code;\n\n3. Insurance of a kind and in an amount that the Department of Environmental Protection and the Law Department deem satisfactory to insure the city fully for all risks of loss, damage to property or injury to or death of persons to whomever occurring, arising out of or in connection with the performance of all work described in this section.\n\n106.10 Permits with respect to limited alteration applications.\n\nFor permits with respect to limited alteration applications, refer to Sections 28-101.5 and 28-104.6, Exception 1, of the Administrative Code.","path":["New York City Administrative Code","Title 28","Chapter 7: New York City Building Code"],"source_url":"https://files.amlegal.com/pdffiles/NewYorkCity/Admin/XML.zip","current_through":"Local Law 2026/135 (enacted August 31, 2026)","vintage":"","retrieved_at":"2026-09-06T02:48:57Z","sha256":"f1eb4ea1b4b1e06353904b48bf2aaf11a8752d0dd8ddc88fb29581bfef48505e","source_id":"us-nyc","stale":false,"prev":"us-nyc/n.y.c.-admin.-code-bc-105","next":"us-nyc/n.y.c.-admin.-code-bc-107"},"notice":"GroundRules: Original legal text. Not legal advice."}
