The NYC Department of Buildings issues thousands of violations each year. Understanding the most common types, their penalties, and resolution process helps property owners and managers stay compliant and avoid escalating fines.
1. Work Without a Permit
The single most common DOB violation. Covers any construction, alteration, or demolition work performed without the required DOB permit. Even seemingly minor work — moving a wall, adding a bathroom, changing a storefront — typically requires a permit.
Penalty: Up to $25,000 (Class 1 if hazardous). Resolution: Stop work, file for an after-the-fact permit through DOB NOW, correct any non-compliant work, and pay the fine.
2. Failure to Maintain Building
Building owners are required to maintain their properties in safe condition. This broad category covers deteriorating facades, damaged structural elements, compromised fire safety systems, and general disrepair. Often triggered by 311 complaints.
Penalty: Varies by severity ($1,000-$25,000). Resolution: Make the required repairs, document the work, and request DOB re-inspection.
3. Illegal Conversion
Using a space in a way that does not match its Certificate of Occupancy. Common examples: converting a single-family home to multiple units, using a cellar as a dwelling, or operating a commercial business in a residential space.
Penalty: Up to $10,000 (Class 2). Resolution: Either restore the space to its legal use or file plans to amend the C of O.
4. Facade Inspection Failure (Local Law 11/FISP)
Buildings over 6 stories must undergo facade inspections every 5 years under FISP (Facade Inspection and Safety Program). Violations are issued for unsafe or questionable conditions identified during inspection, or for failure to file inspection reports.
Penalty: $1,000/month for failure to file. Unsafe conditions require immediate repair with sidewalk protection. Resolution: Hire a qualified exterior wall inspector, make required repairs, and file the FISP report.
5. Elevator Violations
Failure to maintain, inspect, or test elevators as required. NYC requires annual inspections and periodic load tests for all elevators. Violations are issued for missed inspections, deficiencies found during inspection, or incidents.
Penalty: Varies. $500-$5,000 per violation. Resolution: Address the deficiency, have the elevator re-inspected by a DOB-licensed inspector, and file the test report.
6. Construction Not Conforming to Approved Plans
Work that deviates from the approved plans filed with the DOB. Discovered during DOB inspections when the inspector finds the actual construction does not match the permitted plans.
Penalty: Up to $10,000. Resolution: Either correct the work to match approved plans or file amended plans for DOB approval.
7. Failure to Comply with DOB Order
When the DOB issues a correction order and the owner fails to comply within the specified timeframe. This is often a secondary violation that compounds an original violation.
Penalty: Additional fines and potential stop-work order. Resolution: Comply with the original order immediately and document completion.
8. Missing or Expired Safety Registrations
Various safety devices and systems require registration with the DOB: boilers, construction equipment, place of assembly licenses, etc. Operating without current registration generates violations.
Penalty: $500-$5,000. Resolution: File or renew the registration and pay any outstanding fees.
9. Fire Safety Violations
Covers sprinkler system deficiencies, fire alarm issues, blocked fire exits, missing fire extinguishers, and failure to maintain fire safety plans. These violations are taken very seriously due to life safety implications.
Penalty: Up to $25,000 for Class 1. Resolution: Correct the condition immediately, have systems inspected by qualified professionals, and file documentation with the DOB.
10. Sidewalk Violations
Property owners are responsible for maintaining the sidewalk adjacent to their property (Administrative Code 7-210). Violations are issued for damaged, uneven, or dangerous sidewalk conditions. Often triggered after pedestrian injuries.
Penalty: Varies. DOT issues separate violations and may make repairs at the owner's expense. Resolution: Hire a licensed contractor to repair the sidewalk to DOT specifications and request re-inspection.
General Resolution Process
- Identify the violation on RegWatch or DOB BIS
- Correct the underlying condition
- Obtain any required permits
- Request DOB re-inspection
- Pay ECB fines if applicable
- File a Certificate of Correction (for violations requiring it)
Monitor your properties proactively with RegWatch portfolio monitoring to catch violations early, before fines escalate and issues compound.