This column features an important policy clarification regarding Local Law 11 inspections of balcony enclosures and updated guidelines regarding building rooftop and terrace uses by apartment owners—both, recently issued by the New York City Department of Buildings (DOB).  This column also makes recommendations to boards, managers and owners regarding how to best navigate DOB’s clarified policy and rooftop use guidelines.

DOB Balcony Enclosure Policies

In my May 2, 2018, column, “Balcony Enclosures—Challenges Facing Co-ops, Condominiums and Owners,” (New York Law Journal May 3, 2018, pg. 3, col. 1), I highlighted a new policy adopted by the DOB—imposing a strict deadline by which time balcony enclosures must either be legalized (i.e., DOB permits issued), or removed. Failing to do so could result in a building’s inability to timely file a “safe” or SWARM LL11 inspection report with the DOB. The dilemma for buildings was not only one of time (given the DOB’s LL11 Cycle 9 deadline, there would likely be insufficient time to legalize/permit or remove balcony enclosures, so that “safe” inspection reports could not be timely filed), but substantive—many buildings simply lack sufficient FAR (available building space) for enclosed balconies to be legalized.

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