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DOB Mandates Fees for Determinations

DOB Mandates Fees for Determinations

The DOB has created new fees for determinations effective January 28, 2018.  These fees are established in an amendment to Section 101-03 of Chapter 100 of Title 1 of the Rules of the City of New York (RCNY).

Pursuant to this rule, the first plan examination and second plan examination (review of objections) are included in the filing fee, as per current DOB practice.

The following are subject to a $1,000 fee:

  • Appeal determination (CCD1/ZRD1) of plan exam objection
  • Pre-determination (CCD1/ZRD1) request with respect to the Zoning Resolution, Construction Codes or 1968 or prior Building Code before application for construction document approval is submitted
  • Determination (CCD1) requesting a variation of the Construction Codes
  • Determination (CCD1) requesting a variation of the 1968 or prior Building Code
  • Determination (CCD1) requesting  a variation of section 277.16 of the New York State Multiple Dwelling Law (MDL) for Article 7B buildings

The following appeals are subject to a $2,500 fee:

  • Determination (CCD1) responding to a denial of a request for a variation of the Construction Codes
  • Determination (CCD1) responding to a denial of a request for a variation of the 1968 or prior Building Code
  • Determination (CCD1) responding to a denial of a request for a variation of section 277.16 of the New York State Multiple Dwelling Law (MDL) for Article 78 buildings
  • Determination (CCD1/ZRD1) responding to a denial of a pre-determination with respect to the Zoning Resolution, Construction Codes or 1968 or prior Building Code.

The following types of buildings are exempt from determination fees:

  • Construction or alteration of one-, two- or three-family dwellings
  • Any building that the New York City Department of Housing Preservation and Development (HPD) certifies is for the construction or rehabilitation of affordable housing