NYC DOB Update: No More Waivers for Sidewalk Sheds with Expired Permits

From September 1, 2023, the New York City Department of Buildings (DOB) has implemented a major new policy regarding sidewalk shed permits. However, the DOB will no longer grant waivers for civil penalties for sidewalk sheds installed with expired permits. This adjustment is an important update for building owners, managers, and contractors who use sidewalk sheds and other temporary construction structures.

The DOB has now clarified that sidewalk sheds must maintain a current, active permit even if initially permitted to avoid civil penalties. Building owners or responsible parties cannot request an EXP1 waiver of the “Work Without a Permit” penalty forgiveness via the L2 form if the sidewalk shed permit has expired. This update is the result of the city’s effort to guarantee public sense and conformity with DOB guidelines.

In addition, the change only affects sidewalk sheds that have expired permits. If they meet the criteria and PERMITS have expired, other temporary construction installations like construction fences, scaffolds, railings, catch platforms, over-the-sidewalk chutes and footbridges are also eligible for the EXP1 waiver. If permitted initially, however, these structures can still submit the Civil Penalties Review Request (L2) through DOB NOW for penalty waiver consideration on the same terms.

To align with this change, the DOB has released an updated L2 form (Rev. 8/23), which is available on their website. This revised form must be used for all waiver requests related to civil penalties for expired permits. Forms dated Rev. 7/19 or earlier are no longer accepted, and applicants must switch to the newest version to ensure compliance.

This policy shift underlines the importance of monitoring permit expiration dates, especially for sidewalk sheds. Failure to renew permits for these structures can now lead to unavoidable civil penalties. Building owners and managers should regularly monitor permit statuses and take prompt action to renew them before they expire, ensuring their properties meet NYC’s safety standards and avoid penalties.

Stay tuned for more updates and information on this and other NYC DOB initiatives.

Please visit the official notice on the NYC for all the requirements and details. Stay informed about the most recent changes and regulations.

If you have questions about your building’s permit status or need assistance navigating the DOB’s requirements, feel free to contact our team here for guidance. We’re here to help you stay compliant with NYC’s latest regulations and avoid potential penalties.