There’s a major change to the code compliance path in New York City for existing buildings.
On January 17, 2026, the New York City Council enacted the New York City Existing Building Code (EBC), which regulates the construction, alteration, repair, and change of occupancy of existing buildings. It sets forth compliance paths for work not requiring permits, limited alterations, a work area compliance method, a performance and scoring method, and compliance for relocated, raised, or moved buildings. It also amends the Administrative Code of the City of New York and repeals the 1968 Building Code. Currently, the effective date of the Existing Building Code is July 17, 2027.
That may seem like a long way off, but it’s important for architects, engineers, and developers to be aware that this impacts all construction applications for existing buildings submitted after July 17, 2027. If you’re anticipating that you’ll need to submit an application after the effective date, that application should be designed in compliance with the EBC.
Here’s a breakdown of the EBC as enacted.
The First Step: Determining If the EBC Applies to Your Project
The good news is that the answer is straightforward. If you’re touching an existing building in any way, yes, the EBC applies. This includes:
- Repairs
- Alterations (regardless of size or scope)
- Changes of use or occupancy (for example, converting office space into residential use, or increasing occupant load in a commercial space). Changing how a building (or part of it) is used can trigger fire protection upgrades, egress adjustments, accessibility improvements, plumbing fixture increases, and/or energy code compliance. Even moving from one business use to another within the same broad category can require review.
- Additions
- Relocating or raising a building
Some minor work may not require a permit, including:
- Ordinary repairs
- Minor alterations
- Certain plumbing work
Even when a permit isn’t required, though, the work still has to follow applicable code provisions, including energy and, in some cases, accessibility requirements.
The Difference Between Level 1 and Level 2 Alterations
Determining which portions of the EBC apply to your project requires understanding if it qualifies as a Level 1 alteration or a Level 2 alteration. The difference lies in how much of the building code is affected.
Level 1 Alteration
Level 1 alterations are those that have a work area of 50% or less of the building. If your work falls under Level 1, you typically have more flexibility and can retain certain existing conditions as long as the occupant loads remain the same.
Level 2 Alteration
A Level 2 alteration is, not surprisingly, is alteration that affects more than 50% of the building. Level 2 alterations generally trigger additional requirements and more comprehensive compliance obligations.
It’s important for project teams to note that the applicable level is based on the cumulative work area; multiple filings can be added together to arrive at the alteration level.
Moving from “Alteration” to “New Construction”
Under the EBC, if the alterations increase the total floor area by more than 110%, the entire building must comply as if it were new construction. Early in the feasibility study phase of a project, teams should carefully evaluate whether the proposed plans will push the project into “new construction” territory.
Specific Areas of Regulation
Fire Safety and Means of Egress
The same things are prohibited for both Level 1 and Level 2 alterations. Teams may not reduce the number of exits or reduce exit capacity below required levels. They also may not decrease fire-resistance ratings of existing building elements; sprinklers cannot be used to “offset” other non-compliant conditions.
New and relocated stairs must meet current standards, but existing stairs may be able to remain in certain cases (for example, in smaller buildings or when occupant loads don’t increase). High-rise buildings may be subject to additional requirements, like luminous exit path markings.
Accessibility
Accessibility is often one of the biggest compliance impacts in renovation projects. In general, any alterations that are not ordinary repairs) must comply with accessibility rules. If the work affects a primary function area (like a dining room, meeting room, or office workspace), accessibility upgrades to paths of travel may be required.
Changes of occupancy will typically trigger accessibility review. If the entire building is required to become accessible, elevator shaft enlargement or reconstruction may be necessary.
Additional Requirements for Multiple-Dwelling Buildings
Buildings with three or more dwelling units are subject to additional standards, which are set forth in Appendix D of the EBC. Project teams converting an existing non-residential building to a residential use should expect additional layers of review.
Mechanical Systems
New or altered systems must meet current Mechanical Code requirements, but full replacement of existing systems may not always be required.
Plumbing
Fixture counts must increase if the occupant load rises by more than 10% and project calculations require additional fixtures.
Electrical & Emergency Power
The most significant change is that parking garage electrical upgrades may trigger EV charging infrastructure requirements.
Fuel Gas
Existing lawful systems may remain, although new piping in corridors or stairways must meet enclosure and fire-resistance rules.
Elevators
Unless full accessibility compliance is required, existing elevators may remain smaller if they fit in original shafts. If new hoistways are added in taller buildings, additional fire service elevator requirements may apply.
Exterior Envelope Work
If your project includes altering windows, doors, roofing, flashing, or exterior walls, detailed construction documents are required. Your team must also provide energy compliance documentation under the New York City Energy Conservation Code. Depending on the degree of change to window sizes, interior compliance issues may come into play.
Flood Zones
In flood hazard areas, temporary flood shields and temporary stair or ramps may be permitted under specific conditions even where the permanent versions of those items would be prohibited.
Performance-Based Alternative
The EBC offers an alternative to strict compliance, which is especially helpful when dealing with older buildings. Known as the “performance-based” alternative, it evaluates fire safety, egress, and general safety using a point-based system.
Safeguards for Occupied Buildings
Additional safety provisions apply to work that will be performed while the building remains occupied. This is most likely to impact phased renovations, commercial tenant improvements, and residential upgrades. Early planning for occupant protection can prevent project delays.
The Bottom Line
Determining (a) whether your project must comply with the EBC, (b) which alteration level applies, and (c) the specific impacts to your project are paramount before your drawings are advanced and your budgets are locked in. If you’d like assistance navigating these decisions, reach out to us.
