Depending on the extent of design and programmatic changes to your project once it’s approved, you may be required to file a new application – and pay the associated new application fee.
In a recently released Service Notice, the New York City Department of Buildings (DOB) clarifies that where “substantial re-examination” of project plans is required, the amended plans will require a new application and payment of filing fees for a new application. Typically, fees are calculated based on the total construction cost of the project.
What Counts as a “Substantial Re-Examination”?
Currently, the term “substantial re-examination” is not statutorily defined by the DOB. The decision rests with the DOB, and may include but is not limited to:
- Changes to zoning lot, use, or bulk
- Changes to occupancy or layout
- Changes that require a new Energy Code review
- Any change that requires a re-examination of Code or zoning provisions (emphasis ours)
- Changes required as a result of a DOB engineering review
Are There Any Exemptions to the New Application Fee?
The DOB states that it “may allow the applicant to proceed with the original application for administrative purposes,” provided that the associated fees for the proposed new scope of work are paid. Again, the decision ultimately rests with the DOB.
When Are the Fees Paid?
After the amended plans are submitted to the DOB, the plan examination officers will direct the applicant to:
- Refile the application as a new application, or
- Submit a form AI1 requesting permission to have the amended plans filed under the original application number and treated as an administrative change. Form AI1 should be accompanied by a PER11 form and emailed to the appropriate borough office. The Borough Commissioner’s office will calculate the fees due on the AI1 and email a stamped copy to the applicant, who must bring the stamped AI1 and full payment for the assessed feed to the borough office. Once proof of payment is uploaded to DOB NOW, the objection should be resolved.
How Does This Impact Architects and Project Owners?
This clarification impacts two of the most important factors in project development: time and money. If a project is required to file a new application, it will likely be more expensive than an “administrative” re-examination. The time for evaluating new applications tends to be longer than for administrative reviews, even if the “new application” isn’t for a brand-new project. Together, these can mean your project becomes delayed and over-budget.
Especially for larger and more complex projects where filing fees are larger and substantial re-examination is more likely, we recommend including budget and timeline buffers to absorb what may end up being multiple new application filings. For projects already under construction, it will be important to have relationships with DOB staff or outside consultants who can help the project team understand what changes may trigger the substantial re-examination provision and identify viable alternatives.
