The New York City Department of Buildings (DOB) has announced a major update to when reinstatement fees are imposed and how they are calculated. The big picture: as of January 17, 2024, fees are now imposed sooner.
The previous reinstatement fee schedule had been in place since December 2015. It allowed most jobs to be reinstated after delays with either no reinstatement fee or a $100 fee. There were exceptions for jobs that had been delayed over two years, which would require the job to be re-filed and, if there were code or zoning changes following the issuance of a permit, the full filing fee would have to be paid (again).
The new reinstatement fee schedule includes significant changes.
Abandoned Applications
The updated fee schedule imposes fees on an additional class of project. “Abandoned Applications” are those where no permit has been issued and the application has not been “diligently prosecuted” within 12 months of submission. In order to be reinstated, abandoned applications will be required to pay the full filing fee that is in effect on the date the project is reinstated.
If there have been any code or zoning changes since the original abandoned application was filed, the entire project will also need to be re-filed – in addition to paying the full filing fee in effect on the date of reinstatement.
Expired Permits
Previously, jobs whose permits had expired less than one year ago could simply reinstate with no fee and no re-filing. In what is probably the most significant change to the fee schedule, those projects must now pay the full filing fee at the rate that is in effect on the date of reinstatement.
If work on a project is partially complete but the permit has expired because the project has been suspended or abandoned for a year, a filing fee will be calculated by the DOB inspector. It will be based on the current filing rates and the percentage of work remaining as determined by the inspector. This amount will be added to the $130 (formerly $100) renewal fee.
Amended Plans
If the DOB determines that the change to a scope of work “substantially changes the scope of the application,” they may require a new application and new filing fees.
Commissioner Discretion
The new fee schedule specifically allows the DOB Commissioner to grant an extension “for additional 12-month periods” for construction document and permit approvals.
What to Do
The best way to deal with these new requirements is to keep track of all the filings and their expiration dates, for both approvals and permits. Projects often move at paces that can’t be predicted or controlled, but remaining vigilant about what’s due when will help avoid additional fees and filings.
