In the past, the Department of Buildings (DOB) generated filing fees using a standard cost per square footage calculation for enlargements and new building applications.  The filing fee for applications involving any alterations or repairs to an existing building or portion thereof is calculated based on the estimated cost of construction. Under the provisions of NYC 2014 Codes and the new DOB filing fee computing system, all applications for enlargements of an existing area are no longer calculated per square footage.  Rather, applications for enlargements are to be calculated based on the estimated cost of construction resulting in significantly higher filing fees owed to the DOB.

See below for details on how to calculate your filing fees specifically for enlargements and also for a recap on whether your project is exempt from filing fees altogether.

Under the NYC 2014 Construction Codes, enlargements filed on or after December 31, 2014 should be calculated by total construction costs only, and are no longer calculated using the square footage of the enlargement.

Applications for Alteration work permits must provide the estimated cost of construction. Such costs must include the total value of work proposed, including but not limited to materials, equipment and labor, with reasonable allowances for profit and overhead.

The filing fee is based on the estimated cost of construction and a PW3 must be submitted for all applications where fees are assessed. A final affidavit with the actual total cost of construction, as built or installed, must be submitted prior to signoff.

For amendments to change the square footage on enlargement applications filed prior to December 31, 2014, the “enlargement” will be calculated by square footage according to the NYC 2008 Construction Code.

For your convenience, below is a recap of another one of our informational newsletters addressing the topic of when projects are exempt from filings fees altogether:

Bulletin 2014-027 indicates that the following are exempt from filing fees:

Non-Profit Corporations

To qualify, the property owner by a not-for-profit corporation that is used exclusively for educational, charitable and/or religious purposes.  The following reflects what items are exempt versus not:

Exempt From Filing Fees:

• Work permits
• Renewal permits
• Equipment use permits
• Place of Assembly permits

NOT Exempt From Filing Fees

• Civil penalties
• Fees for copies/records
• Fees due to other agencies
• Electrical inspection fees
• After hour work variance fees

Government Owned Property

Property owned by a federal, state, City, or foreign government is exempt from all Department of Buildings fees, with the exception that City agencies are not exempt from electrical fees.

What is Required to Prove Exemption?

Non-Profit

One of the following will be accepted by the Department of Buildings:

1. Current print out of the Department of Finance “Final Assessment Roll” or “Tentative Assessment Roll” which indicates a taxable/billable assessed value of zero.
2. Current “Not for Profit” letter of approval from the Department of Finance.

Government Owned

1. Current print out of the Department of Finance “Final Assessment Roll” or “Tentative Assessment Roll” which indicates the government entity as owner.